DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 06447-08
30 January 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 that the fitness report for 25 February 2006 to
30 April 2007 be amended as follows:
(1) Raise marks in blocks 34 ("Command or Organizational
Climate/Equal Opportunity"), 36 ("Teamwork"), 37 ("Mission
Accomplishment and Initiative") and 38 ("Leadership") to
"4,0" (second best of five possible marks) or
better.
(2) Amend block 40 (recommended screening for next career
milestone(s)) to show "COMMAND" in first space and "MAJOR
COMMAND" in second.
(3) Amend block 41 comments to "capture [your] performance
for this grading period" and
(4) Raise mark in block 42 ("Promotion Recommendation-
Individual") from "Progressing" (second lowest of five
possible marks) to "Early Promote" (best) .
You further requested removing the Commander, Navy Personnel.
Command (PERS-42) letter Ser 421D/1676 dated 25 September 2007,
Subject: Removal of Nuclear Technical Qualifications and the
letter of instruction (LOL) dated 30 March 2007. Your request
regarding the LOI was not considered, as it does not appear in
your naval record. Finally, you requested reinstating your
nuclear technical code, your continuous submarine duty incentive
pay and your nuclear officer incentive pay, all of which were
terminated effective 20 June 2007.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 January 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 opinions furnished by the Navy Personnel Command dated
6 August and 2 October 2008, copies of which are attached. The
Board also considered your letter dated 18 December 2008.
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 opinions.
The Board was unable to find you had a right to submit a
statement, as to whether your nuclear technical code should be
removed, before its removal had been effected. 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,
Enclosures
N
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