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NAVY | BCNR | CY2006 | 07176-06
Original file (07176-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370-51 00


 LCC
 Docket No. 7176-06
30 Jan 07

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 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 PERS4812, 28 September 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,

ROBERT D. ZS ALMAN
 Acting Executive Director
Enclosure






DL.PARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000


 1430
PERS-4 812
28 Sep 06
MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

 Subj:    COM M ENTS AND RECOMMENDATIONS IN THE CASE OF

Ref:     (a) BUPERSINST 1430.16E
End:     (1) BCNR File # 07176-06

1.       Based on policy and guidelines established in references (a) enclosure (1) is returned with the following comments.
          a.                voluntarily reported for a two (2)
 year recall to Active Duty under the General Assignment Recall (GAR) Program on 2 Aug 05. As a GAR recall,. should have taken an Active duty advancement examination in September 2005; instead she took a Reserve examination in August 2005 after she reported for active recall and therefore competed against the wrong competitive category. Rather than invalidate her exam as required by reference (a), final multiple score (FMS) was compared to the FMS required for her correct competitive category based upon her status on the date she participated in the advancement exam.

 b.       The required FMS for advancement to BM1 on Active Duty was 220.95 for (Cycle ~ FMS for the Reserve exam (Cycle 077) was 187.35 and therefore she did not meet the required FMS for the correct category in which she should have been competing.
2.       In view of the above, we recommend petition be denied.
3.       This is an advisory memorandum for use by the Board for Correction of Naval Records (BCNR) only. Point of Contact is PSC(SW) at commercial DSN 882- 4457.


By direction

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