DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5009-07
31 January 2008
You requested restoration to the Fiscal Year (FY) 2005 Active
Line Commander Promotion List. By implication, you also
requested removing documentation of the delay of your promotion,
your removal from the promotion list, and your detachment for
cause approved on 14 June 2004, as well as your failures of
selection by the FY 2006, 2007 and 2008 Active Line Commander
Selection Boards.
' A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 January 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 from the Office of the Judge Advocate General,
dated 19 October 2007 with enclosure, a copy of which is
attached. The Board also considered your rebuttal letter dated
23 November 2007.
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 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 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,
Neotel
W. DEAN PFE
Executive D Cc
Enclosure
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