DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 05149-08
20 February 2009
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 removing from your record documentation of your
removal from the Fiscal Year (FY) 05 and 08 Navy Reserve Line
Lieutenant Commander Promotion Lists and promoting you to
lieutenant commander or, if your request for promotion is not
granted, removing the documentation and having your corrected
record presented to two promotion boards. You also impliedly
requested removing your failure of selection by the FY 09 Navy
Reserve Line Lieutenant Commander Selection Board and setting
aside your discharge from the Navy Reserve on 1 September 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 February 2009. 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
28 July 2008 with enclosures, 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 noted that the wording of the summaries provided to
the Secretary of the Navy did not match that of your punitive
letters of reprimand. However, the Board concluded you still
would have been removed from the promotion lists concerned, had
the wording of the summaries exactly matched that of your
reprimand. Further, the Board found the Secretary of the Navy
took due account of the recommendations that you be promoted to
lieutenant commander. 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,
Lp Qe }
W. DEAN I R
Executive tor
Enclosure
nN
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