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NAVY | BCNR | CY2008 | 06520-08
Original file (06520-08.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. 06520-08
20 October 2008

 

This igs 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,
that your commander date of rank and effective date, 1 October
2008, be adjusted to reflect selection by the Fiscal Year (FY)
08 Line Commander Selection Board, vice the FY 09 Line Commander
Selection Board.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 October 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
31 July 2008, a copy of which is attached. The Board also
considered your letter dated 6 October 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 opinion.
The Board duly noted enclosure (7) to your request for a special
selection board, but felt you should have verified that the
fitness report in question would be provided to the FY 08

Pr
promotion board. 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,

loon.§

W. DEAN PF EF
Executive Di tC

Enclosure
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

5420
PERS-80/1512
31 July 2008

 

 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 

 

 

 

 

 

 

 

 

 

 

Via: Assistant for BCNR Matters (PERS-00ZCB)

Subj: REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF
Encl: (1) BCNR File 06520-08

1. Enclosure (1) is forwarded recommending disapproval.

 

 

Wie xcequest to have his date of rank restored to the
permanent grade of Commander consistent with a date had he been
selected by the FY-08 Active 02 Line Selection Board vice FY-09
board is without merit - jill Wiiiasserts that the failure of
his latest FITREP to appear before the board caused his failure
to select at the FY-08 board and uses the fact that he was
selected at the FY-09 board as evidence of such. There is no
evidence provided that the FY-08 Board would have select qgaitilitiie
geese this FITREP been provided to them for consideration.

 

 

 

3. Further, gem states in his letter dated 28MAY08 that
he had actual knowledge that there was a discrepancy with his
310CT06 FITREP prior to the convening of the FY-08 board.
Although he had sufficient time to submit the corrected FITREP
for consideration by the FY-08 board via a letter to the Board
President, he opted not to do so.

 

 

WiiMs.as provided no proof the board deprived his
record of a fair and impartial consideration. He was properly
considered in accordance with the precept of the FY-08 Active 05
Line Selection Board. The selection process” is extremely
competitive and in the Board's opinion, , bam ecord was
not best and fully qualified. Recommend disapproval of his
request.

 

Ze
ERSON

Director, Officer Career
Progression Branch

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