DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
' 2 NAVY ANNEX ,
WASHINGTON DC 20370-5100
HD: hd
Docket No. 03574-09
18 December 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 removing the enlisted performance evaluation
reports for 16 November 2007 to 25 July 2008 and 26 July to 15
November 2008. You further requested advancement to chief petty
officer (pay grade E-7) with a date of rank and effective date
from the date you would have been advanced, had your advancement
not been withheld, with all back pay and allowances due.
Finally, you impliedly requested removing the service record
page 13 ("Administrative Remarks") entry dated 25 July 2008 and
documentation of your removal from the Fiscal Year (FY) 09
Active Duty Chief Petty Officer Selection Board List..
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 December 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, applicable statutes, regulations and policies.
In addition, the Board considered the advisory opinions
furnished by the Navy Personnel Command (NPC) dated B May 2009
with attachments, 15 May and 19 July 2009, the Commanding
Officer, U. S. Naval Mobile Construction Battalion ONE THIRTY
THREE letter dated 4 June 2009 with enclosure, the NPC PERS~-81i
letter dated 12 November 2009 to you, Subject: FY 09 Active Duty
Chief Petty Officer Selection Board Decision, and the Memo for
Record dated 15 September 2009, copies of which are attached.
The Board also considered your counsel's letter dated 14 August
2009,
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of prcbable material
error or injustice. In this connection, the Board substantially
concurred with the advisory opinion's, except paragraph 4.d of
the advisory opinion dated 19 July 2009 (the Board found no
violation of Bureau of Naval Personnel Instruction 1430.16F,
section 721, as it was unable to find the command's
administrative action concerning your advancement was directed
as punishment or used as an alternative to disciplinary action),
and it particularly noted the Commanding Officer's letter of
4 June 2009. You may ask NPC to correct the service record page
13 entry dated 25 July 2008 by redacting the reference to
pending disciplinary action. 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,
Executive D
Enclosures
Copy to:
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