DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 03156-08
6 November 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. You requested that your
commander date of rank be backdated from 30 September 2005 to
the date of your original acceptance into the Navy on 17 June
2005 and that you be paid the difference between pay grade 04
and O05 between 17 June and 30 September 2005.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 November 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
20 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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
The Board found the reason your appointment of 17 June 2005 was
in the grade of lieutenant commander, vice commander, was that
your entry grade credit waiver of 16 years was not approved
until 8 August 2005. In view of the above, 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,
Lobes
W. DEAN PFEHAF
Executive or
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-80/0234
20 May 2008
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF
Encl: (1) BCNR File 03156-08
1. Forwarded, recommending disapproval.
Se : date of rank to commander of 30 Sep 05
reflects he date which nat WRieas gained to Active
Duty. In accordance with policy, he does not get credit for
time prior to coming on Active Duty. His date of rank is
correct and reflects his approved entry grade credit waiver of
16 years. Recommend his record remained unchanged and his
request be disapproved.
. J. “LEPP
ad Director, Officer Career
Progression (PERS-80)
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