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NAVY | BCNR | CY2007 | 10423-07
Original file (10423-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 BAN
 Docket No. 10423-07
24 March 2008


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on March 24, 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 memo 1430 Ser 811/210 of 29 Feb 08, 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 Director
Enclosure


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055.0000

                                    1430
                                                                                                    Ser 811/210
                                                                                                   29 Feb 08
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
 Via:     PERS-3lC
Subj: BCNR PETITION ICO

Ref: (a) SNM’s DD Form 149 dtd 5 Nov 07
End: (1) BCNR File
1. In response to reference (a), recommend disapproval to the petitioner’ s request.
2. The petitioner is requesting retroactive pay for advancement from HTFA to HT3 under the Accelerated Advancement Program (AAP).
3. Petitioner erroneously assumed he was authorized advancement to HT3 upon graduation from FIT “A” school on 11 July 1978 under the AAP MILPERSMAN article 2230150 (current MILPERSMAN 1430-010). The AAP requires that the accelerated advancement be held in abeyance for 4 to 10 months from the date of “A” School graduation. The candidate’s CO may effect the advancement on any date after a minimum observation period of 4 months whether or not a member is serving in paygrade E-3. The petitioner was advanced to HT3 on 16 January 1979, six months after his graduation from HT “A” school on 11 July 1978, and five months after he reported onboard USS LOS ALANOS (14 August 1978).
4. In view of the above, recommend the petitioner’s record remains as
is.
5. This is an advisory memorandum to reference (a) for the use by the Board for correction of Naval Records (BCNR) only. Enclosure (1) is returned.


Division Director
Enlisted Career Progressed

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