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NAVY | BCNR | CY2006 | 09989-06
Original file (09989-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 9989-06
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 pan 1 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 statute , regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum 1430 4811E9/045, 23 January 2007, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of the Bo rd found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In thi connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has be n denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted th at 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 no previously considered by the Board. In this regard, it is also important to keep in mind that a presumption of regularity attached to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant t demonstrate the existence of probable material error or injustice
Si ncerely

W.       DEAN PFE IFFER
 Executive Dire ctor





Enclosure
                   DEPARTMENT OF THE NAVY
                  NAVY PERSONNEL COMMAND
                  5720 INTEGRITY DRIVE
                  MILLINGTON TN 38055-0000
1430
 Ser 4811E9
 23 Jan 07
MEMORANDUM FOR CO GRESSIONALI MATTERS (PERS-31C)


Subj:    COMMENTS AN D RECOMMENDA TION IN THE CASE OF

Ref:     (a) BUPERS NST 1430.16E
End:     (1) BCNR f4e #09989-06
1.       Based on policy and guidelines established in reference (a), enclosure(1) is r turned with the following comments.
2.       is requesting advancement to E5/OS2 advance m ent effec t ive 16 August 2006 from (Cycle 078) February 2006 which she to k the exam for YN2 in the (USNR) competitive category. Per re f erence (a), if an individual changes active duty competitive categories , USNR to USN, after participation in an examination an d prior to publication of results, the exam should be scored i n the correct competitive category. Upon review of the m att er’s record it was determined that she participated in th e Cycle 078 (USNR) advancement examination for YN2 then came on active duty USN into the Operational Specialist rating (OS), since the member enter active duty in entire different rating, examination scores for advancement cannot be compared per refe r ence (a), therefore cannot be recommended for a ad vancement to OS2/E5.
3.       This is an ad v isory memorandum for the use by the Board for correction of Na vy 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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