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NAVY | BCNR | CY2007 | 04708-07
Original file (04708-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 4708-07
16 Aug 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 panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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 PERS812 of 27 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.
Sincerely,


                                                                        W.DEAN PFEIFFER
                                                                        Executive Director
Enclosure




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


                            1430
                                                                                           PERS-812
                                                                                          27 Jul 07
MEMORANDRAM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)

 Subj:    COMMENTS AND RECOMMENDAT ONS IN THE CASE OF
End:     (1) BCNR File #04708—07
Ref:     (a) BUPERSINST l430.l6E
1.       In reply to enclosure (1), the following comment and recommendations are submitted concerning case.

2 A review of    ____ record indicates that he participated in the September 2006 (Cycle 192) Navy-wide examination and was selected for advancement to 1T3. He was discharged from active duty prior to his actual advancement date and affiliated with the Reserves on 19 January 2007. Per reference (a), “Active duty personnel who convert from USN to USNR or USNR to USN may be authorized advancement as a result of participation in a prior Navy-wide examination, provided the member is in a selectee status and has a Final Multiple Score (FMS) equal to or greater than the FMS required for the new competitive category.” Our records show that PERS-8l2 received an advancement determination request from Navy Operational Support Center (NOSC), Eugene Oregon for and replied to it on 20 April 2007. The request was disapproved due to the fact that there were zero quotas for advancement IT3 in the Navy Reserves for the August 2006 (Cycle 079) Navy-wide examination which is the Reserve equivalent to the Active Duty (Cycle 192) examination cycle.
3.       In view of the above information, it is our recommendation that
 this petition be denied. An advancement determination has already
been completed for and it was disapproved by PERS-812 on
20 April 2007 in accordance with policy set forth in reference (a) -

4.       This is an advisory memorandum for use by the Board for Correction Records (BCNR) only. Point of Contact is PS1(SW) it Commercial 901—874—3196, DSN 882-3196, or Snavy.mil.
         




         -~
By direction

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