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NAVY | BCNR | CY2009 | 02808-09
Original file (02808-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LCC
Docket No. 2808-09
8 Jun 09

 

Deay

 

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 811/221 of
16 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 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.

Sincerely,

we

   
 

W. DEAN PFE E
Executive D EGt

Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
$720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
Ser 811/221

16 Apr 09

 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: PERS-31ic

Subj: BCNR PETITION Ico «epee

 

Ref: {a) SNM's DD Form 149 dtd 9 Mar 09
{b) BUPERSINST 1430.16E

Encl: (1) BCNR File

1. Per references (a) and (b), recommend disapproval to the
petitioner’s request.

2. The petitioner is requesting to backdate his advancement date to
Cycle 199 Mar 08 examination due to having prior Marine Corps time.

3. The petitioner states his SIPG should be recalculated in
accordance with BUPERSINST 1430.16F. The petitioner's entry date into
the Navy was 6 Feb 2006 and reference (b) was in effect at that time.
The petitioner’s SIPG was calculated correctly in accordance with
reference (b).

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.

Cae A
. B. AIMESTILLUMAN

Division Director
Enlisted Career Progression

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