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NAVY | BCNR | CY2007 | 09323-07
Original file (09323-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 LCC
 Docket No. 9323-07
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 81lE9/003 of 3 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



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

                                    1430
                                                                                           Ser 8l1E9/003
                                                                                          3 Jan 08
MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)
Subj:    COMMENTS AND F~COMNENDATIOF3 IN THE CASE O~
Ref:     (a) BUPERSINST l430.l6F
En cl :    (1) BCNR file # 09323—07

1.       Based on policy and guidelines established in reference (a), enclosure (1) is returned with the following comments,
2 . is requesting his discharge rate be changed from MOMM3 to MOMM2 or MOMN1.
3 official service record was reviewed and stipulated and there is bo indication that the member was advanced to MOMM2 or MOMM1 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 .



By direction

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