DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
HD:hd
Docket No. 08069-08
26 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 that your Performance Summary Record (PSR) be
corrected to show your promotion recommendation in the fitness
report for 11 June to 31 October 2005 was "Promotable" (third
best of five possible marks) rather than "Progressing" (fourth
best), and that your officer of the deck (OOD) qualification be
added to your record. You further requested reconsideration for
retention in the Navy.
It is noted that the Navy Personnel Command (NPC) corrected the
PSR as you requested, in August 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 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 opinions furnished by the Navy Personnel Command dated
11 September 2008 with enclosures and 18 September 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 that your official record
that was considered by your continuation board, which decided
not to continue you after your second failure of selection for
promotion, by the Fiscal Year 2009 Line Commander Selection
Board (convened on 12 February 2008), included the fitness
report for 11 June to 31 October 2005, which correctly reflected
your promotion recommendation as "Promotable" and stated that
you had earned OOD qualification. Therefore, the Board found no
basis to afford you reconsideration for continuation or set
aside your discharge affected on 1 December 2008. 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,
Wea »
W. DEAN E
Executive Diye r
Enclosures
NAVY | BCNR | CY2006 | 07367-06
The Board also considered your letter dated 16 January 2007.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. Subsequently, the member’s record was reviewed and he was selected for promotion to the grade of Lieutenant Commander, with this report in his record. h. If directed by the Board for Correction of Naval Records, PERS-3 11 will accept a...
NAVY | BCNR | CY2007 | 07681-07
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. F The reporting senior has submitted, and we have accepted a supplemental fitness report fom entry in member’s OMPF and it has been posted to member’s PSR g. The member does not prove the report to be unjust or in error. We recommend no further action be taken by the Board for Corrections of...
NAVY | BCNR | CY2007 | 07858-07
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. Administrative changes correct the administrative blocks of the fitness or evaluation report. We recommend no further action be taken by the Board for Corrections of Naval Records as the member’s record has already been corrected administratively.
NAVY | BCNR | CY2001 | 00283-01
In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 21 March 2001 and undated, copies of which are attached. References (b) through (d) refer to clinical studies on head injury and multiple sclerosis. '_s request to have his records corrected to show that he was retired from the Marine Corps by reason of "combat related" physical disability in the rank of major.
NAVY | BCNR | CY2008 | 04885-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2008. 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 17 June 2008, a copy of which is attached.
NAVY | BCNR | CY2008 | 12000-08
In addition, the Board considered the advisory opinions furnished by Headquarters Marine Corps dated 22 January 2009 and 26 February 2009 with enclosures, copies of which are attached. In this regard, the Board noted that the favorable advisory opinion dated 22 January 2009 did not acknowledge the information reflected in enclosures (2), (3), (4) and (9) of the advisory opinion dated 26 February 2009. Reserve Affairs reiterates (as previously stated in the advisory opinion dated 16 May...
NAVY | BCNR | CY2008 | 12204-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2009. 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. 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 | CY2008 | 07740-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2009. 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. 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 | CY2001 | 05889-01
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 19 November 2001 arid 11 February 2002, copies of which are attached. The member requests his fitness reports for the periods 26 May 1999 to 3 1 October 1999 and 1 November 1999 to 3 1...
NAVY | BCNR | CY2007 | 08296-07
Additionally, the member requests the fitness reports be replaced with the correct original report. f. The reporting senior has submitted, and we have accepted a supplement fitness report for entry in member’s OMPF and it has been posted to member’s PSR.g. We recommend no further action be taken by the Board for Corrections of Naval Records as the member’s record has already been corrected administratively.