DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 7953-06
8 February 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You initially requested a special selection board (SSB) for the
Fiscal Year (FY) 1998 Staff Commander Selection Board. Since
you have been promoted to commander pursuant to selection by the
FY 1999 Staff Commander Selection Board, you are not eligible
for SSB consideration. You further requested that your
promotion to commander be backdated to reflect selection by the
FY 1998 Staff Commander Selection Board, vice the FY 1999
promotion board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 February 2008. 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 opinions from the Navy Personnel Command, dated 3 and
9 March 2007, copies of which are attached. The Board also
considered your counsel’s rebuttal letter dated 27 April 2007.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In light of paragraph 2.d of the advisory
opinion dated 3 March 2007, the Board found that the FY 1998
promotion board did not consider your religious affiliation; and
therefore the violation, if any, of the establishment clause of
the First Amendment or the equal protection component of the due
process clause of the Fifth Amendment arising from inclusion of
the faith identifier code in each candidate’s record for that
promotion board was a harmless error in your case. 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 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,
Enclosures
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