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NAVY | BCNR | CY2006 | 09735-06
Original file (09735-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


LCC
Docket No. 9735-06
19 Feb 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 13 February 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 4811E9/033, 22 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 Director



Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 4811E9/033
22 Jan 07


MEMOPANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)


Subj:


Ref:     (a) BUPERSINST 1430.16E

End:     (1) BCNR file #09735-06

1.       Based on policy and guidelines established in reference (a), following advisory opinion is provided.

2. records have n reviewed and stipulate there is no indication that was actually advanced to Storekeeper Third Class prior to his discharge date therefore he cannot be advanced to Gunner’s Mate Third Class. 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 . Pers-481 point of contact for this matter is PSCS(SW/AW)   at extension
.



Head Enlisted Career Progression
(Pers-481)
By direction

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