s DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 02121-08
25 August 2008
Dear Qe
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 16 June
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. The Board considered an advisory
opinion furnished by NPC memo 1430 Ser 811/304 of 8 Apr 08. In
addition, an NPC memo 1070 PERS-312D1/06 of 13 Aug 08 was sent to you
on 13 Aug 08 addressing your ribbon and medal entitlements. A copy of
the advisory opinion and the memo are enclosed for your records.
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. 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,
wEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/304
8 APR 08
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via: PERS-31C
Subj: BCNR PETITION [CO (Ad? iiaiiiaatcnemeesee,
Ref: (a) SNM's DD Form 149 dtd 13 Feb 08
Encl: (1) BCNR File
1. In response to reference (a), recommend disapproval to the
petitioner's request.
2. The petitioner is requesting retroactive advancement to E6
and E7 and advancement to E8 based on awards not recorded on DD
Form 214.
3. Upon review of petitioner's service record and concurrent
advancement instruction NAVPERS 15989 dated 8 March 1969 and 23
December 1977, member was properly advanced to MS1 on 1 October
1975 and MSC on 16 September 1979. The Navy Meritorious Unit
Commendation had 1 award credit point towards advancement, and
the Republic of Vietnam Gallantry Cross Unit Citation and Combat
Action Ribbon did not have awards point for advancement purposes
on 8 March 1969. Advancement to E8 is a selection board
action. Petitioner's record does not contain information he was
selected for advancement to E8 prior to transfer to the fleet
reserve on 31 July 1984.
4. In view of the above, recommend the petitioner be
disapproved retroactive advancement to E6, E7 and advancement to
E8.
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.
th
E. AIMESTILLMAN
Division Director
Enlisted Career Progression
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