DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 HD :hd
Docket No. 08488-09
29 October 2009
Dear
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. .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 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
21 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.
You contended that "They say [you] never replied but you can see
that from [your] records [you] did reply and should be LT (JG)
[lieutenant junior grade]." The advisory opinion, which
recommends approving your request, says you met the requirements
for promotion to lieutenant junior grade and that you accepted
your appointment on 27 July 1956. Pertinent documents show your
commis¢ion certificate, which was issued on 27 July 1956, was
held by the Commandant, Twelfth Naval District pending your
completion of professional requirements and that the certificate
was returned by letter. of 2 September 1958 to the Chief of Naval
Personnel (CNP) and cancelled, as you had neither completed the
qualifications nor accepted before the termination date (you
could not accept until after having completed all
qualifications). A copy of the Commandant, Twelfth Naval
District letter to CNP dated 2 September 1958, with enclosure
(the commission certificate) is attached.
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,
parr dd
W. DEAN PFHAF
Executive Dire r
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
' S7Z0 INTEGRITY DRIVE .
MILLINGTON TN 36055-0000
5420
PERS-80/1032
21 September 2009
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF
Encl: (1) BCNR File 08488-09 w/Service record
1. Enclosure (1) is returned recommending approval. of ENS.
ae Me request to officially recognize his. promotion
“to the grade of Lieutenant Junior Grade.
a“ thorough review of enclosure (1), it is apparent
Mk a fede the eee for promotion to.
Kocepted his appointment on 27 July
——— :
ppointment was not updated in his military
1956, however, h
record.
3. The effective date of rank to Lieutenant Junior Grade should
be 27 July 1956 and his military records should be updated to »
reflect his promotion. Recommend PERS-311 correct service
member's DD form 214.
B. R. MCMURRY
Asst. Director,
Progression Branch
ficer Career
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