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NAVY | BCNR | CY2006 | 11007-06
Original file (11007-06.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


                                                               LCC
                                                                                          Docket No. 11007-06
12 Apr 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 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 1430 PERS4812, 7 March 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 PFIEFFER



Enclosure
I.
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
PERS-4812
7 Mar 07


MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:

Ref:     (a) NAVADMIN 108/05

End:     (1) BCNR File #11007-06

1.       Based on policy and guidelines established in reference (a), enclosure (1) is returned with the following comments.

2.       As stated in enclosure (1), Petty Officer *I~is requesting his Performance Mark Average (PMA) be recalculated and rounded up for the August 2005 Reserve advancement examination (Cycle 077). In accordance with reference (a), evaluations used to compute PMA’s for the August 2005 examination (Cycle 077) must be inclusive of the computation periods as listed. E5 personnel with a prospective paygrade of E6 are to use evaluations from 1 APR 03 to 31 JUL 05. A review of Petty Officer record indicates that he has three evaluations during that time period, all with a PMA of 3.60, which is reflected on his examination profile sheet. Petty Of ficer included his evaluation dated 02MAR16 to 03MAR16 when he computed his PMA, which is outside the perimeter of the guidelines.

3.       In view of the above information, it is our recommendation that this petition be denied.

         4.       This is an advisory memorandum for use by the Bu of Naval Records (BCNR) only for correction

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