DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
’ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 6789-09
20 Oct 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
* 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 of 1430 PERS 812 of
14 September 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 fox a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
\SD aS .
W. DEAN PFEIRR
Enclosure Executive Di
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1430
PERS 812
SEP 1 4 2009
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
=
Via: Assistant for BCNR Matters (PERS-31C)
Subj: REQUEST FOR ADVISORY OPINION IN THE CASE OF
Ref: (a) NAVADMIN 268/908
Encl: (1) BCNR File 06789-09
Weeeeeiaa js requesting that his examination from Cycle 084,
which was invalidated by Navy Personnel Command be reversed due to
his mobilization.
2. Per reference (a), E? candidates who exceed the High Year
Tenure (HYT) limit for the next paygrade do not meet the criteria
to serve in the next paygrade vacancy and therefore are not
eligible for advancement. (717—#——i=iiS Pay Entry Base
Date (PEBD) is 10 June 1984 and the HYT gate for paygrade E7 is 24
years. “ies ei exceeded the HYT limit for the next
paygrade on 9 June -2008.
3. In view of the above information, it is our recommendation
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