DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
HD:hd
Docket No. 10904-09
17 June 2010
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 correction of your record by adjusting your lieutenant
date of rank and effective date from
1 October 2009 to 1 June 2009, to reflect selection by the Fiscal
Year (FY) 09 Active Duty Navy Lieutenant All-Fully-Qualified-
Officers selection review, vice FY 10, with all back pay and
allowances and any entitlements due you as a result of this
correction; and you impliedly requested removing your FY 09 failure
of selection. °
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 17 June
2010. 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 and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion furnished by the Navy Personnel Command dated
12 November 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 advisory
opinion. The Board observed that the regular fitness report for
1 March to 15 September 2008, in which you were recommended for
promotion, could not have been considered in the FY 09 selection
review, held on 1 June 2008. The Board noted your objection that
a “special” fitness report was not submitted for consideration in
the FY 09 selection review, however the Board found that your
reporting senior was not permitted, under Bureau of Naval Personnel
Instruction 1610.10A, enclosure (2), paragraph 3-9.a.(1) to submit
a “special” report, as he was not a new reporting senior who had not
written an “observed” report on you. 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,
Lo Ween’
W. DEAN
Executive ettor
Enclosure
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket: 09826-10 19 April 2011 From: Chairman, Board for Correction of Naval Records Tos Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Petitioner was selected for advancement at the next selection board. Whether Petitioner would have been selected by the FY-2010 selection board if it would have had the fitness report can never be known for certain.
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