DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 09482-08
16 April 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 unspecified relief regarding an alleged missing
period in your record for 16 January 1999 to 10 January 2000.
You noted you had failed of selection by the Fiscal Year (FY) 08
and 09 Staff Lieutenant Commander Selection Boards, and you
provided a copy of your separate request to the Secretary of the
Navy for a special selection board (SSB) for the FY 09 promotion
board. That SSB request was denied on 23 March 2009, but it is
presumed you still seek SSB consideration.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 April 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
3 and 24 November 2008, and the undated Action Memo from the
Deputy Chief of Naval Operations (Manpower, Personnel, Training
and Education) (Nl) reflecting disapproval of your SSB request,
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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinions
and the undated Action Memo in concluding no relief is
warranted. 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,
\o Rens
W. DEAN PFE
Executive D r
Enclosures
NAVY | BCNR | CY2010 | 09308-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 16 September 2010. Documentary material considered by the Board consisted of your current application, together with all material submitted in support thereof, the Board's files on your prior cases (docket numbers 07213-07 and 08633-09), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2009 | 03555-09
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 | CY2009 | 06382-09
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. 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. Since the Board found insufficient basis ‘to remove those documents, it had no grounds to...
NAVY | BCNR | CY2008 | 02546-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 28 April 2008 with enclosures, a copy of which...
NAVY | BCNR | CY2009 | 09748-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application ‘on 11 March 2010. The Board was unable to find your name was removed from the report of a promotion board, under title 10, United States Code, section 618, rather than from a promotion list, under title 10, United States Code, section 629. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 08633-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 3 September 2009. Further, the Board noted that the modification of this report directed by PERB in your previous case was implemented on 7 August 2007, before the FY 2009 Lieutenant Colonel. 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 | 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 | CY2013 | NR413 13
You requested that your discharge of 10 August 2009 be voided; that you be awarded constructive service credit from 11 August 2009 to the date you would have attained 20 years of active duty service; ‘that all *red flag” actions be removed; that you be considered by a special selection board (SSB) for advancement to pay grade E-7; and that all records reflecting the substantiation of the sexual assault allegation against you be removed. In addition, the Board considered the advisory opinion...
NAVY | BCNR | CY2009 | 10693-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof 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 material error or injustice.
NAVY | BCNR | CY2009 | 09849-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2010. In addition, the Board considered the advisory opinions furnished by the Navy Personnel’ Command undated and dated 10 December 2009 with enclosures, copies of which are 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.