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NAVY | BCNR | CY2007 | 08005-07
Original file (08005-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 8005-07
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 opinions furnished by NPC memorandum 1430 Ser 8llE9/558 of 11 December 2007 and CNRC letter 1133 Ser N32 of 8 January 2008, 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

Enclosures


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055-0000
                           1430
                                                                                           Ser 811E9/
                                                                                          11 Dec 07
MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-3lC)

Subj:    COMMENTS AND RECOMMENDATIONS IN THE CASE OF
                 
         Ref:     (a) BUPERSINST 1430.16F
End:     (1) BCNR file # 08005—07

1.       Based on policy and guidelines established in references (a), enclosure (1) is returned with the following comments.
2.       i s requesting backdated advanced to SKSN/E—3 due to being a
E-3      in the se l ective reserve. The member is also requesting advancement to
 SK3/E4 from the February 2007 (Cycle 192) advancement examination while in
the Selected Reserve Component.

3.       Upon further review, as provided in enclosure (1), and review of the member official service record _ was attach to the Selected Reserve Component as an SKSN/E3 and did participate in the February 2007 (Cycle 192) advancement examination and was selected for SK3/E4. However, the member elected to affiliate with the Active Duty Component 2007 May 15, as an E-l as stated on the member official enlistment document DD Form 4. Therefore, the member is not recommended for backdated advancement to SKSN/E3 from her accession date or advanced to SK3/E4 based on her examination participation in the Reserve Component. PERS-8ll recommends, the BCNR be forwarded to the Military Entrance Processing Station (MEPS) in which the member enlisted and verify if there was and administrative error on the DD Form 4 Enlistment Document in reference to the member rank.
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.





M.       F. LEWIS
 By direction








DEPARTMENT OF THE NAVY
NAVY RECRUITING COMMAND
         5722 INTEGRITY DR.     
MILLINGTON, TENNESSEE 38054-5057


                                             1133
                                                                                                    S er N32/
                                                                                                   JAN 8 2008
                                                                                                  

From:    Commander, Navy Recruiting Command
To:      Executive Director, Board for Correction of Naval Records
Subj:    BCNR REQUEST ICO

Ref:     (a) COMNAVCRUITCOMINST ll3O.8G
En cl :    (1) BCNP. Docket Nr. 08005-07
1.       Recommend disapproval of enclosure (1) . Per reference (a) service member enlisted onto active duty and maintaining paygrade from the reserve component is not guaranteed and was not guaranteed to this member.
2.       This is an advisory memorandum for use by the Board for Correction of Naval Records only. Enclosure (1) is returned.




By direction

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