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NAVY | BCNR | CY2006 | 10964-06
Original file (10964-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 10964-06
28 Aug 07




This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 28 August 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 811E9/333 of 6 July 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.




Enclosure








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

                                     1430
                                                                                                    Ser 8llE9/ 333
                                                                                                   06 July 07
MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)
Subj:    COMMENTS AND RECOMMENDATIONS IN THE CASE OF FORMER

Ref: (a) BUPERSINST 1430.16E
End:     (1) BCNR file # 10964-07

1.       Based on policy and guidelines established in references (a) and (b), enclosure (1) is returned with the following comments.
2        official service records was reviewed and there is no documentation that was enclosed to indicate that would have actually been advanced to Seaman Third Class if he would have remain onboard his command prior to leaving because of his accident. 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 ~




By direction

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