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
NAVY | BCNR | CY2007 | 00685-07
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. The Board found your not having been selected for promotion to CW04 did not justify reversing its previous action. 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...
NAVY | BCNR | CY2001 | 01524-01
reques:ed removal of your failure of your naval record pursuant to the A three-member panel of the Board for Correction of Naval Records, sitting in executive session? opinion furnished by the Navy Personnel Command dated 23 April attached. Enclosure (1) is returned, recommending disapproval of request to backdate his date of rank.
NAVY | BCNR | CY2007 | 10951-07
You also impliedly requested setting aside your discharge from the Navy Reserve on 1 February 2008 by reason of your having had at least two failures of selection to lieutenant commander.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable...
NAVY | BCNR | CY2006 | 09248-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2007. 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. The petitioner was promoted to commander at the 16 year point and was within the flow point guidelines.
NAVY | BCNR | CY2009 | 11528-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2010. The Board particularly noted that on 8 February 2007, you submitted a copy of the report ending 31 October 2006 to the FY 08 Line Commander Selection Board, convened on 13 February 2007. 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...
NAVY | BCNR | CY2001 | 08156-00
sine Chapter 15 contains the responsibilities “Each officer is responsible for ensuring Paragraph 15-5 states; “A ll officers should periodically review their official If eligible for consideration by a selection board, this review should be co months prior to the convening date to allow time for correction of discrepancies. Per reference (a), enclosure at former s requesting to have his honorable discharge (1) is returned with the petition be denied. time of his honorable discharge A...
NAVY | BCNR | CY2001 | 05081-00
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. Active Duty Commander Line Promotion Selection Board acted that material error of fact or material contrary to law, administrative error occurred or that material information was not considered by the promotion selection board. Line Promotion Selection Board specifically directs the board to select officers that are...
NAVY | BCNR | CY2007 | 09639-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 12 September 2003 to 8 June 2004, a copy of which is at Tab A; removing her failures of selection by the Fiscal Year (FY) 06, 07 and 08 Line Captain Selection Boards; and granting her a special selection board for the FY 06 Line Captain...
NAVY | BCNR | CY2007 | 9639-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 12 September 2003 to 8 June 2004, a copy of which is at Tab A; removing her failures of selection by the Fiscal Year (FY) 06, 07 and 08 Line Captain Selection Boards; and granting her a special selection board for the FY 06 Line Captain...
NAVY | BCNR | CY2002 | 09826-02
c. In correspondence attached as enclosure (2), PERS-80, the Navy Personnel Command (NPC) office having cognizance over active and reserve officer career progression matters, has recommended that Petitioner's request to remove his failure of selection by the FY 03 Naval Reserve Line Commander Selection Board be disapproved. e. In correspondence attached as enclosure (4), Pers-911, the NPC office having cognizance over Naval Reserve personnel administration, has commented to the effect...