DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 02552-08
5 December 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 December 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 the Navy Personnel Command dated
12 May 2008, a copy of which is attached.
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. Your unsubstantiated assertion did not
persuade the Board that racial discrimination was a factor in
your having been PNA (passed not advanced) for advancement to
petty officer first class and, by consequence, not having had a
chance to take the examination for advancement to chief petty
officer before your retirement. 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 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,
\
Nn
. DEAN PFE
Executive Dire¥tor
Enclosure
)
OcPARTMENT OF THE NAV*Y
NAVY PERSONNEL COMMAND
$720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/375
12 May 08
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via: PERS-31C
Ref: (a) SNM'S DD Form 149 dtd 04 Mar 08
(b) BUPERSINST 1430.16F
Encl: (1) BCNR File
1. In response to reference (a), recommend disapproval to the
petitioner’s request.
2. The petitioner is requesting to be advanced to Chief Petty Officer.
3. In accordance with reference (b), advancement to E7 requires
selection board action. Candidates who qualify for selection board
consideration are designated SELECTION BOARD ELIGIBLE (SBE). 7
candidates must be designated SBE by competing in a Navy-wide
advancement examination and meeting final multiple requirements for
their rate.
4. In view of the above, recommend member'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.
C= .
C. EB, AIMESTILLMAN
Oke Division Director
, ob Enlisted Career Progression
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