DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
HD:hd
Docket No. 01587-09
17 June 2009
This ig in reference to your letter dated 24 February 2009 with
references (a)-(k), seeking reconsideration of your previous
application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
Your previous case, docket number 11271-07, was denied on 15 May
2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, reconsidered your case on
11 June 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
letter, together with all material submitted in support thereof,
the Board's file on your prior case, your naval record and
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion furnished by the Navy
Personnel Command dated 1 April 2009, a copy of which is
attached. The Board also considered your fax letter of 12 May
2009.
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.
The Board was unable to find your signature on the service
record page 13 entry was a forgery. In view of the above, the
Board again voted to deny relief. 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,
Lo Neato
.W. DEAN PFEI
Executive Direc
Enclosure
PARTMENT OF THE NAV\
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/176
1 Apr 09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31C
Ref: (a) SNM's DD Form 149 dtd 19 Dec 07
(b) BUPERSINST 1430.16E
(c} COMNAVPERSCOM ltr 1430 Ser 811/204 of 28 Feb 08
Enel: (1) BCNR File
1. Per references (a) and (b), recommend disapproval to the
petitioner's request. This recommendation remains the same as
reference (c).
2. The petitioner is requesting advancement to IT] due to his command
not following the withdrawal of advancement procedures of reference
{a},
3. Member was reduced in rate to pay grade E4 (suspended for 6
months} at CO’s Non-Judicial Punishment (NUP) on.12 Jun 2007, for
violation of article 92 of the UCMJ (fraternization and viewing
pornography on government computers). The petitioner's CO signed an
administrative remarks form, NAVPERS 1070513, withdrawing his
advancement recommendation to IT1 on M$ “Uun 2007, the day afterot
petitioner’s NUP.
4. Although the member’s CO signed the adverse evaluation on 1 Oct
2007 which the member signed on 3 Oct 2007, the administrative remarks
was signed and the message released prior to the member’s advancement
to TTL on 16 Jun 2007. Since the NJP was conducted four days prior to
the effective date of his advancement to IT1, his advancement was
automatically posted in the system until the required action could be
taken to remove his advancement.
5. In view of the above, recommend the petitioner‘s record remains as
is.
6. This is an advisory memorandum to reference (a) [or use by the
Board for Correction of Naval Records (BCNR) only. Enclosure (1} is
returned. ,
ceed pl
Cc. E. AIMESTTLLMAN
a Division Director
_ Enlisted Career Progression -
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