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NAVY | BCNR | CY2007 | 09146-07
Original file (09146-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00


 L CC
Docket No. 9146-07
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 811E9/004 of 3 January 2008, 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 Dir ec to r
Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055.0000
                                                      1430
                                                                                                    Ser 8llE9/004
                                                                                                   3 Jan 08
MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)
         
         Subj:    COMMENTS AND_RECOMMENDATIONS IN THE CASE OF     
        

Ref:     (a) BUPERSIN5T 1430.16F
End:     (1) BCNR file # 09146—07
(2) Administrative Remarks NAVPERS 1070/613

 1.       Based on policy and guidelines established in reference (a), enclosure (~) is returned with the following comments.
2.       is requesting back payment for advancement to SFP2/E5 prior to his discharged date from active duty on 01 September 1966.
3.       official service record was reviewed and stipulated, enclosure (2), indicates that the member was recommended f or advancement and nominated for examination participation. However, there is no indication that the member was advanced to SFP2/E5 prior to his discharged date from active duty. Unfortunately, a favorable recommendation can not be rendered regarding this petition.
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) , DSN 882-3238 or E-mail @navy.mil.



By direction

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