DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
-Docket No: 10084-06
2 May 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 requested, in effect, that your removal from the Fiscal Year
(FY) 2006 Line Captain Promotion List be set aside and that you
be reinstated to the list (with implied requests to remove
documentation of your removal from the list and remove both your
deemed failure of selection by the FY 2006 Line Captain
Selection Board and your actual failures of selection by the FY
2007 and 2008 Line Captain Selection Boards); or if this is not
approved, that you be considered by the FY 2008 Line Captain
Selection Board as having failed of selection to captain only
once (this selection board had adjourned before your case was
considered) and that you be granted a special selection board
for the FY 2007 Line Captain Selection Board (implying a request
to remove your failure of selection by the FY 2007 Line Captain
Selection Board). Finally, you requested that your statement of
1 June 2005 to the Chief of Naval Personnel be added to your
record with the Chief of Naval Operations (CNO) Action Memo
dated 22 December 2005. This last request.was not considered,
as you have not exhausted your administrative remedies by
submitting your request to the Navy Personnel Command (NPC).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 May 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 NPC Officer Career Progression
Branch, dated 28 December 2006, and the NPC Assistant Legal
Counsel, dated 28 March 2007, copies of which are attached. The
Board also considered your counsel’s letters dated 15 December
2006 and 4 July 2007, each with enclosure.
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 this connection, the Board substantially
concurred with the comments contained in the advisory opinions.
The Board found you were able to respond effectively to the
investigation report, although a complete copy of the report had
not been provided to you. The Board found it was to your
advantage that Tab A to the CNO Action Memo, the investigation
report with endorsements, was not filed in your record with the
CNO Action Memo. The Board considered the error, if any, in
having allowed the FY 2007 Line Captain Selection Board to
review your letter to the promotion board after the convening
date was harmless as it was in your favor. In concluding you
were not prejudiced, the Board particularly noted the statement,
in paragraph 4 of the advisory opinion dated 28 December 2006,
that the letter arrived “prior to the completion of the initial
reviews and briefs of the In and Above Zone records.” In view
of the above, your application has been denied. The names and
votes of the members of the panel will be furnished upon
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,
RnB Font
ROBERT D. ZSALMAN
Acting Executive Director
Enclosures
Copy to:
NAVY | BCNR | CY2006 | 09248-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2007. 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. The petitioner was promoted to commander at the 16 year point and was within the flow point guidelines.
NAVY | BCNR | CY2007 | 09639-07
In enclosure (6), the NPC office responsible for officer promotions has commented to the effect that since the fitness report in question is valid, Petitioner’s request for a special selection board has no merit. The documentation Petitioner provided at enclosure (3), especially the statistics, convinces the majority that Petitioner might well have deserved to be ranked above, rather than below, her peer in the contested fitness report. That Petitioner's naval record be corrected by...
NAVY | BCNR | CY2007 | 09639-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 12 September 2003 to 8 June 2004, a copy of which is at Tab A; removing her failures of selection by the Fiscal Year (FY) 06, 07 and 08 Line Captain Selection Boards; and granting her a special selection board for the FY 06 Line Captain...
NAVY | BCNR | CY2007 | 9639-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 12 September 2003 to 8 June 2004, a copy of which is at Tab A; removing her failures of selection by the Fiscal Year (FY) 06, 07 and 08 Line Captain Selection Boards; and granting her a special selection board for the FY 06 Line Captain...
NAVY | BCNR | CY1999 | Document scanned on Wed Sep 20 13_22_10 CDT 2000
PERS-85 has advised that his projected promotion date, if his petition is approved, is 1 December 1999. d. In correspondence attached as enclosure (3), PERS-822, the NPC office with cognizance over officer retirements, also recommended approval of Petitioner’s request to remove his name from the retired list, return him to the active duty list, and allow his promotion to captain to proceed as scheduled. That PERS-85 be notified of this action, so that Petitioner’s promotion pursuant to his...
NAVY | BCNR | CY2006 | 01135-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100BJG Docket No: 1135-06 19 December 2006This 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 requested, in effect, that your naval record be corrected to show that you were not removed from the Fiscal Year 2003 or 2004 Lieutenant All Fully Qualified Officers Promotion List and that you were...
NAVY | BCNR | CY2008 | 02546-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 August 2008. 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 the Navy Personnel Command dated 28 April 2008 with enclosures, a copy of which...
NAVY | BCNR | CY2009 | 11528-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2010. The Board particularly noted that on 8 February 2007, you submitted a copy of the report ending 31 October 2006 to the FY 08 Line Commander Selection Board, convened on 13 February 2007. 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...
NAVY | BCNR | CY2010 | 03625-10
Your request for investigation of the reporting Senior's actions was not considered, as the Board for Correction of Naval Records is not an investigative body. A three-member panel of the Board, sitting in executive session, considered your application on 22 April 2010. The Board also considered the NPC e-mail dated 3 September 2009 with attachment (DD Form 214), a copy of which is attached, and your letters dated 20 August 2009 with enclosures, 30 October 2009 and 2 February 2010.
NAVY | BCNR | CY1999 | 00359-99
In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 4 May 1999 with enclosure, a copy of which is attached. requested continuation in an active status in 2. captai- order to be considered by the FY-00 Naval Reserve 0-7 Line Promotion Board which convened on 8 February 1999. NPC-911 is responsible for Naval Reserve Continuation Boards.