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NAVY | BCNR | CY2006 | 08638-06
Original file (08638-06.rtf) Auto-classification: Denied
                  DEPARTMENT OFTHE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-51 00

LCC
 Docket No. 8638-06
27 Mar 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 27 March 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 Ser 4811E9/l05, 28 February 2007, 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,

W.       DEAN - Executive D
Enclosure





DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser481lE9/ 105
28 Feb 07

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:

Ref:     (a) BUPERSINST 1430.l6E

End:     (1) BCNR file # 08638-06


1.       Based on policy and guidelines established in reference (a), enclosure (1) is returned with the following comments.

2.       records have been reviewed and stipulated there is no indication that as actually advanced to Pharmacist Third
Class Petty Officer prior to his discharge date. Unfortunately, an approval recommendation cannot be rendered regarding this petition.

3. 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)      DSN 882-3238 or E-mail
Head, Enlisted Career Progression
(Pers-481)
By direction

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