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NAVY | BCNR | CY2008 | 05323-08
Original file (05323-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LCC
Docket No. 5323-08
22 Dec 08

 

Dear Cd

This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

22 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 NPC memorandum 1430 Ser
811/710 of 29 October 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
regarding your grade at discharge. In this connection, the Board
substantially concurred with the comments contained in the advisory
opinion.

Navy enlisted advancements are based on a competitive system in which
personnel within each rating (job) compete with each other for a
limited number of promotion vacancies. Promotion selections are made
based on a variety of performance factors including the candidate’s
technical knowledge (as assessed by an advancement examination),
military proficiency, performance of duty, conduct, education,
physical fitness, time in service, time in grade, awards, decorations,
and the like. Before candidates may even compete for advancement,
they must have the favorable recommendation of their commanding
officer.

After selection for possible promotion, the candidates are screened
again by their commanders one final time. If still qualified, service
record entries are made (often accompanied by a short ceremony and
delivery of a certificate of promotion) which will actually effect the
advancement. The absence of a service record showing the effective
date of an advancement indicates that a candidate was not actually
advanced.

In your case, there is evidence that you completed a training course
in preparation for possible advancement to HM1 (E-6) and that you were
otherwise recommended for advancement. However, there is no evidence
that you took the examination for advancement, that you were selected
for advancement based on the results of that examination or that you
were ever actually advanced before your release from active duty in
1952. The “Report of Examination” (NAVPERS 624) submitted as part of
your application does not contain examination score marks (standard
scores or final multiple score).

Accordingly, your application for a retroactive promotion to 1952 has
been denied. The names and votes of the members of the panel will be
furnished upon request.

You also requested that your record be changed to show that you were
entitled to a National Defense Service Medal. As evidenced by the
enclosed correspondence, the Navy Personnel Command (NPC) has resolved
that matter administratively without the need for action by this
Board. A copy of the DD Form 215 reflecting the National Defense
Service Medal is attached for your convenience.

It is regretted that the circumstances of your case are such that
favorable action cannot be taken on your promotion request. 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 also 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.

ao.

ld “DEAN PFEISF

Enclosures Executive Dil

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