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NAVY | BCNR | CY2006 | 02010-06
Original file (02010-06.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100


                                                      LCC
                                                      Docket No. 2010-06
                                                      2 May 06










This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting
in executive session, considered your application on 2 May 2006. Your
allegations of error and injustice were reviewed in accordance with
administrative regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies. In
addition, the Board considered the advisory opinion furnished by NPC
memorandum 5420 PERS-480/0142, 14 April 2006, a copy of each is attached.

After careful and conscientious consideration of the entire record, a
majority of the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In this
connection, the Board substantially concurred with the comments contained
in the advisory opinion. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable
action cannot be taken. You are entitled to have the Board reconsider its
decision upon submission of new and material evidence or other matter not
previously considered by the Board. In this regard, it is also important to
keep in mind that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the existence of
probable material error or injustice.

                                        Sincerely


                                        W.DEAN PFEIFFER
                                              Executive Director

Enclosure







                       DEPARTMENT OF THE NAVY

                           NAVY PERSONNEL COMMAND

                            5720 INTEGRITY DRIVE
                         MILLINGTON TN  38055-00000

                                                         5420
                                                         PERS-480/0142
      14 April 2006


   MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

   Via:     Assistant for BCNR Matters (PERS-31C)

   Subj:    REQUES T FOR COMMENTS AND RECOMMENDATIONS IN CASE OF

   Ref:     (a) U.S. Code, Title 10
   End: (1) BCNR File 02010-06

      1.    Enclosure (1) is returned recommending     request to receive
back pay based on his new service entry grade credit be

   2.    of fers no new evidence to support his request for, back pay. The
   new service entry grade credit enables LT          to be eligible for the
   FY-07 Active Staff Lieutenant Commander Promotion Board as an above zone
   not previously considered eligible, however service entry grade credit
   does not apply for pay purposes.      has not been considered before a
   promotion board; therefore, his request for back pay based on a promotion
   with a year group that is consistent with his new service entry grade
   credit should be denied.

   3. Recommend LT   request be denied.








                                  Director, Office Career
                                  Progression Branch

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