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NAVY | BCNR | CY2008 | 03469-08
Original file (03469-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 03469-08
5S 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

9 May 2008 with enclosure (your performance evaluation report
for 1 July to 15 November 2002), 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.
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,

Lo oar \
W. DEAN P R
Executive D or

Enclosure
‘ |

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

5812
PERS-832B
9 May 2008

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)

Via: PERS/BCNR Coordinator (PERS-31C)

Subj: REQUEST FOR COMMENTS AND BECQMM

    

[ENDAT ION ON PETITION ICO

Encl: (1) BCNR File 03469-08
(2) Petitioner’s CD Service Record

1. The petition and naval records of subject petitioner have been
reviewed relative to his request removal of 13 days lost from his
JUMPS/ESR pay account history.

2. The review reveals that the petitioner was charged with 13 days
lost time from 15 Oct 2002 to 28 Oct 2002, a period of 13 days.
Administrative actions of that nature are not usually done without
cause. Petitioner does not provide any convincing argument or
documentary evidence to prove that he was not actually UA during that
timeframe. Obviously, he was docked 13 days pay and allowances at the
time, and if it was without cause he should have taken immediate
action with his personnel or disbursing office to receive restitution.
A performance evaluation for that period reflects a 2.0 in military
bearing/character with no explanation. In hindsight, USS BOXER should
have either excused the absence as unavoidable, or taken him to NUP
and recorded the event properly. It is quite possible that he did go
to NJP and that it was not recorded properly in the service record.
Unfortunately, there is no way to verify any of that due to the
passage of time. Therefore, favorable action on this petition is not
recommended.

Vv. FORD
Assistant Head and Technical Advisor

Enlisted Performance and Separations
Branch (PERS-832)

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