DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 03760-08
21 August 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, in effect, removal of your failure of selection
for promotion to lieutenant commander and promotion to
lieutenant commander, U. S. Navy (Retired) or commander, U. S.
Navy (Retired).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 August 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. The Board also
considered your letter dated 26 June 2008 with attachments.
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,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-80
20 May 2008
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: REQUEST FOR ADVISORY OPINION IN CASE
Encl: (1) BCNR File 03760-08/w record
1. Enclosure (1) is returned.
Serre” Form 149, no request has
been put forth that is actionable by PERS-~80. cz Ba.
Therefore, there is no way to confirmig
his job assignments were the cau
selection.
Director, Officer Career
Progression Branch
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