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NAVY | BCNR | CY2006 | 09684-06
Original file (09684-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                                                                                                                                                                                                 LCC
                                                                                                   Docket No. 9684-06
                                                                                                   12 Apr 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 10 April 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 1811 PER5-4822, 18 January 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 PFEIFFER
Executive Dir ector

Enclosure



DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000


                                            
1811
                                                                                                            PERS-4 822
                                                                                                           
18 Jan 07




MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:     Assistant for BCNR Matters, PERS-31C

Subj:

Ref:     (a) NPc memo 5420 PERS-31C of 21 Dec 06

End:     (1) BCNR File

1.       Reference (a) request comments and recommendations in subject’s case. Specifically, Petitioner requests back pay for sea time while a midshipman from 1957 to 1959.

2.       According to the transcript from the member did attend f rom Sept M ay . However documentation exists in his military record that indicates he was a midshipman while attending this college. He was sworn in as an Ensign in the U.S. Naval Reserves on 17 October 1960.

3.       Based on the information above member’s request is disapproved. Enclosure (1) is returned.






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