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NAVY | BCNR | CY2007 | 06022-07
Original file (06022-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 06022-07

14 February 2008

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552. You requested that the
fitness report for 16 September 2004 to 15 September 2005
(extended to 12 October 2005) be modified by "adjusting" the
promotion recommendation of "Significant Problems" (lowest of

five possible marks).

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 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 the Navy Personnel Command dated

8 August 2007, a copy of which is attached.

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.
Your assertion that the reporting senior was relieved for cause
after your departure from the ship of which he was the
commanding officer did not convince the Board he could not
fairly and accurately evaluate your performance. In view of the
above, 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,

LSdoa St
W. DEAN P

Executive Dire

  

 

Enclosure

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