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NAVY | BCNR | CY2009 | 03515-09
Original file (03515-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

Lec
Docket No. 3515-09
8 Jun 09

 

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 requlations 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 811/301 of
11 May 09, 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
‘yeconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board, In this
regard, it is algo 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.

incerely,.._..

  

Enclosure
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1430

Ser 811/301
11 May 09

 

MEMORANDUM FOR CHATRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: PERS-31¢

 

Subj: BCNR PETITION Ico ee

 

Ref: (a) SNM'S DD Form 149 dtd 25 Mar 09
-(b) Manual of Advancement NAVPERS. 15989

Encl: (1) BCNR File

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

2. The petitioner is requesting to be advanced to E7 for pay and
retirement purposes.

3. The petitioner was discharged as an ADR2/E5 on 15 Mar 1974. A

review of the petitioner’s Official Military Personnel File (OMPF)

does not indicate that the petitioner had passed an examination and
was eligible to be advanced to E6, therefore the petitioner is not

eligible for advancement to E’.

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.

CC ms tA
Cc. E. AIMESTILLMAN

Division Director
Enlisted Career Progression
rey

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