DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lec
Docket No. 2059-09
8 Jun 09
Dear @
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
8 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 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 811/267 of
28 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 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 vpon 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.
Sincerely,
lp. Men
W. DEAN PFEILFRE
Enclosure Executive Diresto
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
$720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/267
28 Apr 09
MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31C
Subj: BCNR PETITION Ico@l
Ref: {a) SNM's DD Form 149 dtd 17 Feb 089
(b) BUPERSINST 1430.16F
Encl: (1) BCNR File
lL. Per references (a} and (b), recommend disapproval to the
petitioner’s request. .
2. The petitioner is requesting to revalidate his Cycle 194 and 198
EV advancement examinations and a special review by the CPO selection
board.
3. The petitioner’s Cycle 194 examination was invalidated as the
petitioner lost his security clearance on 10 May 2007 which was not
reinstated until 16 Aug 2007, after the CPO board adjourned. A review
of the Cycle 198 selection board records indicates the petitioner's
record was reviewed by the board. The petitioner does not meet the
requirements of reference {b) for a special selection board.
4. In view of the above, recommend the petitioner’s record remains as
ais.
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.
Division Director
Enlisted Career Progression
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