DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lec
Docket No. 12197-08
28 Sep 09
Dear =a
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
28 September 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 NPC memorandum 1430 Ser
811/547 of 12 August 2009, 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. 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 also 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.
oe.
Yer PPE
Enclosure Executive Dir
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/547
12 Aug 09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31¢
Subj: BCNR PETITION Ic QaIeMiiil
Ref: (a) SNM's DD Form 149 dtd 5 Dec 08
(b) BUPERSINST 1430.16F
Encl: (1) BCNR File
1. Per references (a) and (b), recommend disapproval to the
petitioner’s request.
2. The petitioner is requesting to back date his advancement to
MM3/E4 to Cycle 199 (Mar 08) examination.
3. The petitioner was ineligible to participate in Cycle 199
examination as his evaluation dated 07 Jul 16 to 07 Sep 11 reflects a
“Significant Problems” promotion recommendation and he was not
recommended for retention.
4, In view of the above, recommend the petitioner’s record remains as
is.
5. This is an advisory memorandum to reference (a) for use by the Board
for Correction of Naval Records (BCNR) only. Enclosure (1) is returned.
Naf
@ E. AIMESTILLMAN:
Division Director
Enlisted Career Progression
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