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NAVY | BCNR | CY2006 | 05473-06
Original file (05473-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 5473-06
30 Jan 07






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 30 January 2007. 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 1430 PERS-4812, 19 October 2006, a copy of which 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


ROBERT D. ZSALMAN
Acting Executive Director





Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
72O INTEGRITY DRIVE
MILLINGTON TN 38055-0000



 1430
PERS-4 812
19 Oct 06
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Via:     Assistant for BCNR Matters (PERS-31C)
Subj:    COMMENTS AND RECOMMENDATIONS IN THE CASE OF
Ref:     (a) Assistant for BCNR Matters 5420 PERS-3lC Memo of 21 Sep 06
 (b)      BUPERSINST l430.16E
End:     (1) BCNR File 07444-06
1.       Per reference (a), the following comments and recommendations are submitted concerning

2.       In accordance with Navy enlisted advancement policy, as outlined in reference (b), active duty personnel who convert from Active Component to Reserve Component may be authorized advancement as a result of participation in a prior Navy-wide examination, provided the member is in a selectee status and has a Final Multiple Score (FMS) equal to or greater than the FMS in the new competitive category. In addition, reference (b) specifies the member must affiliate with a Navy Reserve unit within 12 months from their release from active duty date and must submit an advancement determination request within 6 months of affiliation. Our office did not receive an advancement determination for

 3.       had a final multiple score of 175.37 on the September 2005 Navy-wide examination (Cycle 188) and the minimum multiple required for the equivalent Reserve exam (Cycle 077) was 176.80. If had submitted an advancement determination within the periodicity set forth in reference (b), it would have been disapproved by this office due to the member not meeting the minimum multiple required for advancement to DK2 for Cycle 077 (prior to PS rating establishment).
4.       In view of the above information, it is our recommendation that this petition be denied.

 5.       This is an advisory memorandum for ~se by the Board for Correction of Naval Records (BCNR) only. Point o f c ontact is, at Commercial

                                                                                 D. M.
                                                                                  By direction

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