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NAVY | BCNR | CY2006 | 05855-06
Original file (05855-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
 Docket No. 5855-06
26 Sep 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 26 September 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 1430 Ser 48llE9/548, 31 August 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 insuffftient 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 38055-0000

 1430
 Ser 48l1E97 548
 31 AUG 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:    COMM~ITS AND RECOM4ENDATIONS IN THE CASE OF

Ref:     (a) BUPERSINST l430.l6E
End:     (1) BCNR file #05855-06
         


1.       Based on policy and guidelines established in reference (a), enclosure (1) is returned recommending disapproval.

         2.       Petty Officer XXXX is requesting that she be awarded Passed-No-Advanced (PNA) point from March 2005 ( Cycle 187) Navy-wide advancement exam, Member was unable to par ticipate for Postal Clerk First Class (PCI) exam due to pending security clearance determination.
         3.       Per reference (a), the PC rating requires security clearance. The following timeline summarizes member’s security clearance situation:
-        19 January 2005, date of member’s appeal letter on a Letter of Notification (EON) of Final Denial/Revocation (DONCAF ltr 552A Ser (~0lWGC06 of 22 December 2004)
 -        03 March 2005, receipt acknowledgment of DC)NCAF letter 5520 Ser CO5WG180 of 07 February denying a security clearance and election of submitting an appeal directly to the PSAB.
 14 April 2005 date of member’s appeal of final revocation of security clearance
 -        29 June 2005, reference (b) , member’s security clearance restored.
4.       Member’s claim that if she was granted up to 45 additional days in January 2005 to appeal the 22 December 2004 LON, she could have her security clearance resolved. Per the timeline above, the member will still miss the requirements for the Cycle 187 exam which must be met by 01 February 2005 with the exam scheduled on 06 March 2005.
5.       This is an advisory memorandum for the use by the Board for Correction of Naval Records (BCNR) only. Point of contact is PSCS (SW/AW) XXXX DSN 882-3238 or


Head, Enlisted Career Progression
(Pers-481)
By direction

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