DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJIH
Docket No. 13186-09
6 Apr 10
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 5 April 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, your naval record and applicable statutes,
regulations and policies.
The Board notes that you have applied for a correction to your
record for an error that allegedly occurred more than thirty-
three years ago. Under the rules governing this Board, an
application for a correction of a naval record must be made
within three years after the discovery of the alleged error.
Failure to file within the prescribed three years may be excused
only in cases where the Board finds that it is in the interests
of justice to do so.
Navy enlisted advancements are based on a competitive system
which considers a variety of performance factors including a
candidate’s overall performance, technical knowledge, military
proficiency, performance of duty, conduct, education, physical
fitness, time in service, time in grade, experience, awards,
decorations, and the like. Before any candidate may be
advanced, the candidate must have the favorable recommendation
of their commanding officer. Personnel within each rating (job)
compete with each other for a limited number of promotion
vacancies. It is possible, even common, for a candidate to
receive a passing score on an advancement exam and/or to
complete minimum required advancement courses, but still not be
Docket No. 13186-09
actually advanced. Only those qualified candidates for whom
vacancies exist are advanced. In such cases, service record
entries are made (often accompanied by a short ceremony and
delivery of a certificate memorializing the advancement) which
actually effects the advancement. The absence of a service
record showing the effective date of an advancement indicates
that a candidate was not actually advanced.
After careful and conscientious consideration of the entire
record, the Board determined that there is insufficient evidence
of an error or injustice that would warrant any relief. The
Board found that it is not in the interests of justice to excuse
the three year time limit in your particular case. You
neglected to assert your claim for an inordinately long period
of time without justification. You have provided no evidence as
to why you did not seek to have the alleged error corrected
earlier. .
Additionally, review of your naval record reveals that you
signed a “Certificate of Release or Discharge from Active Duty”
(DD-214) on 14 June 1976 which indicates that you were
discharged under Honorable Conditions in the rank of ABFAA(E-2).
There is no evidence that you were or should have been advanced
beyond that rank prior to your discharge. As explained above, a
passing score on an advancement exam and/or completion of
required training courses alone do not automatically entitle a
candidate to advancement.
Based on the circumstances described above, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
Correction of the Social Security Number on the DD Form 215 is
an administrative correction. You may send your request to the
Naval Personnel Command (PERS 312), 5720 Integrity Drive,
Millington, TN 38055.
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.
Docket No. 13186-09
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,
W. DEAN P
Executive
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 2010. Under the rules governing this Board, an application for a correction of a naval record must be made within three years after the discovery of the alleged error. 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.
NAVY | BCNR | CY2010 | 02054-10
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