DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 07246-08
5 March 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
Commander Fleet Forces Command JTF DET 100 letter 1611 Ser 2006-
310 dated 17 November 2006 with related material. You further
requested that your Navy and Marine Corps Achievement Medal
dated 13 May 1999 be filed in your record. Your request
concerning your medal was not considered, as you may submit that
request to the Navy Personnel Command (NPC) (PERS-312E).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your.
application on 5 March 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 NPC dated 2 September 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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion in
concluding the contested documentation should stand.
Accordingly, 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 oes ,
W. DEAN PF
Executive Di
Enclosure
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 | CY2010 | 11858-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2011. The Board was unable to find that your circumstances prevented you from availing yourself of your opportunities to defend yourself or pursue redress regarding the contested performance evaluation reports. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2006 | 01496-06
You further impliedly requested removing all documentation of your nonjudicial punishment (NJP) of 22 June 2005 and the vacation of suspension of your reduction to pay grade E-4 on 19 August 2005.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, consideredyour application on 7 December 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this...
NAVY | BCNR | CY2010 | 03625-10
Your request for investigation of the reporting Senior's actions was not considered, as the Board for Correction of Naval Records is not an investigative body. A three-member panel of the Board, sitting in executive session, considered your application on 22 April 2010. The Board also considered the NPC e-mail dated 3 September 2009 with attachment (DD Form 214), a copy of which is attached, and your letters dated 20 August 2009 with enclosures, 30 October 2009 and 2 February 2010.
NAVY | BCNR | CY2008 | 08604-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 14 May 2009. The Board found it unobjectionable that the report ending 28 December 2007 referred to your less favorable promotion recommendation in the immediately preceding report from the same reporting senior, whose removal the Board did not find warranted, Since the Board found no material defect in your performance record, it had no grounds to grant you...
NAVY | BCNR | CY2009 | 00722-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. In addition, the Board considered the advisory opinion furnished by the NPC dated 16 March 2009 with enclosure, a copy of which is attached. 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.
NAVY | BCNR | CY2011 | 03701-11
The Board also considered your counsel’s letters dated 11 November 2010 and 22 April 2011 with enclosure. Since the Board still found no defect in your fitness report record, it had no basis to recommend your advancement to either pay grade E-8 or E-9,. In view of the above, the Board again voted to deny relief.
NAVY | BCNR | CY2009 | 03574-09
Finally, you impliedly requested removing the service record page 13 ("Administrative Remarks") entry dated 25 July 2008 and documentation of your removal from the Fiscal Year (FY) 09 Active Duty Chief Petty Officer Selection Board List.. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2009, Your allegations of error and injustice were reviewed in accordance with administrative regulations and...
NAVY | BCNR | CY2009 | 10020-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. in addition, the Board considered the advisory opinion furnished by the Navy Personnel Command (NPC) dated 22 October 2009, a copy of which is attached. 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.
NAVY | BCNR | CY2008 | 02756-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2008. On 21 June 2007, you officially received your retirement orders at the retirement grade of 0-5 (commander) . Nevertheless, the Board concluded these factors were not sufficient to warrant a change to your retirement grade due to the seriousness of your misconduct and found no legal error or injustice in your case.