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NAVY | BCNR | CY2007 | 03061-07
Original file (03061-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 3061-07
4 Feb 08
          Dear .
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 4 February 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 opinion furnished by NPc memorandum 1430 Ser 811E9/283 of 29 May 2007, a copy of each 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 811E9/ 283
                                                                                                   29 May 07


MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Subj:    COMMENTS AND RECOMMENDATIONS IN THE CASE OF .


Ref:     (a) BUPERSINST l430.16E
End:     (1) BCNR file # 03061—07
1 .       Based on policy and guidelines established in reference (a), e nc1osure (1) is returned with the following comments.
2.       is requesting backdated advancement to AZ3/E4 from the September 2005 (Cycle 188) due to reinstatement of her security clearance.
3. Upon further review,  -~ was selected for advancement to AZ3/E4 from the September 2005 (Cycle 188) - The member advancement examination was invalidated due to her security clearance being denied/revoked 28 December 2005 which makes her not eligible for advancement The member security clearance was restored 21 March 2007 by DONCAF. However, per reference (a), Chapter 7, PARA 706 it was after the limiting date for the September 2005 (Cycle 188) which was 30 June 2006. Therefore, the member is not reco m mended for advancement to AZ3/E4.
4.       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) Milton Lewis, DSN 882-3238 or E-mail
 milton. lewis@navy.mil

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