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NAVY | BCNR | CY2008 | 07347-08
Original file (07347-08.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. 07347-08
8 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 removing the
performance evaluation report for 16 June 2007 to 30 April 2008
and the service record page 13 ("Administrative Remarks") entry
dated 14 June 2006. You also requested that the pending issue
on the advancement to HM2 (pay grade E-5) you missed in
September 2004 be corrected.

The Navy Personnel Command (NPC) has directed removal of the
contested performance evaluation report from your field service
record, and your Cycle 196 and 199 Navy-wide advancement
examinations have been validated.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 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 NPC dated 3 and 22 September
2008, 28 October 2008 with enclosure and 4 December 2008, copies
of which are 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. The Board found the contested page 13 entry
should stand, as you have offered no basis for removing it, and
it does not relate to the nonjudicial punishment of 30 April
2008 that has been set aside. Accordingly, your application for
relief beyond that which has been effected administratively 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,

   
  

W. DEAN PF
Executive D

Enclosures

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