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NAVY | BCNR | CY2006 | 06444-06
Original file (06444-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37Q~51OO


 LCC
Docket No. 6444-06
26 Sep 06









This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U.S.C. 1552.
A three-member panel of the Board for Correction of Nava1 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 48l1E9/547, 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 insufficient to establish the existence of probable material error o injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. If you can furnish documentation that your security clearance should not have been withdrawn you may submit a request for reconsideration. 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 4811E9/547
31 Aug 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-3LC2)


 Subj:    COMJYIENTS AND RECOMMENDATIONS IN THE CASE OF
Ref:     (a)      BUPERSINST 1430.16E
         (b)      CONINAVPERSCOM//PERS4832// msg DTC 251431Z JUL 05

 End:     (1) BCNR File #06444-06

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

 2.       Petty Officer XXXX ‘is requesting reinstatement to paygrade ES. Member was a SELECTEE for JO2/E5 from the March 2005 (Cycle 187) Navy-wide advancement exam with an effective date of 16 December 2005. Due to a final denial/revocation of member’s security clearance, reference (b) directed forced conversion and if in a SELECTEE status, that command withdraw advancement.
3.       Per reference (a) en1ist~d personnel must maintain e ligihility requirements for advancement to be effective or to he eligible for participation in an advancement exam. The JO rating requires security clearance. Me er lost this requirement on 18 July 2005 (DONCAF ltr Ser 005ZJ450) and did not regain this eligibility requirement until 13 June 2006. Member was then ineligible for advancement to n his 187 exam results and completely lost his SELECTEE status after the cycle’s limiting date of 31 December 2005.

 4.       This is an advisory memorandum for the use by the Board for Correction of Naval Records (BCNR) only. Pers-481 point of contact for this matter is PSCS(SW/AW) XXXX at extension XXXX or email





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

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