DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX HD:hd
WASHINGTON DC 20370-5100 Docket No. 03555-09
, 13 October 2009
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. You requested special
‘selection board (SSB) consideration for the Fiscal Year (FY) 04
and 05 Reserve Master Chief Selection Boards.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 October 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 the Navy Personnel Command dated
11 June 2009, a copy of which is attached. The Board also
' considered your counsel's undated letter received 19 August.
2009.
The Board recognized that you submitted your SSB requests before
the nine-month limit, and that your performance record before
the regular selection boards in question was incorrect, in that
the later removed fitness report for 9 October to 11 December
2001 was in your record and the report for 18 August to 11
December 2001 that eventually replaced it was not present.
However, the Board found you did not meet the requirement, in
paragraph 2 of Bureau of Naval Personnel Instruction 1401.2,
that your improper consideration be "due to circumstances beyond
[your] control" and “errors not of [your] making." (Tn this
regard, the Board particularly noted that the investigation of
your equal opportunity complaint was completed on 29 January
2003, but you did not submit the complaint under Article 138,
Uniform Code of Military Justice, that ultimately resulted in
the correction of your record until 4 November 2003, after the
FY 04 promotion board had convened on 5 May 2003. The Board was
unable to find the delay from 29 January to 4 November 2003 was
excusable. In view of the above, 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 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,
Enclosure
Copy to:
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