DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1914-09
16 Apral 2010
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 April 2010. 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 the Navy Personnel Command dated 17 April
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 ig 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,
‘Sus
Enclosure
DEFARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/233
17 Apr O09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31C
Subj:
Ref (a) SNM's DD Form 149 dtd 4 Feb 09
(b) BUPERSINST 1430.16F
(c) MILPERSMAN 1160-030
(ad) MILPERSMAN 1160-040
Encl: (1) BCNR File
A. Per references (a) through (da), recommend disapproval to the
petitioner’s request.
2. The petitioner is requesting that his Cycle 199 and 200
advancement examinations be revalidated as his NUP was set aside.
3. The petitioner’s Cycle 199 and 200 advancement examinations were
not invalidated due to his NUP. They were invalidated as his
evaluations dated 08Jun15-080ct22 and 080ct23-09Mar04 had “Significant
Problems” promotion recommendations which withdrew his recommendation
for advancement.
4. In view of the above, recommend the petitioner’s record remains as
is. Additionally due to his last two graded evaluations are
“Significant Problems” and he was not recommend for retention, his 12
month agreement to extend enlistment is required to be cancelled in
accordance with references (c) and (d).
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.
Cc: g i Taf
c. E. AIMESTILL a.
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