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NAVY | BCNR | CY2010 | 00854-10
Original file (00854-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 00854-10
20 April 2010

 

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

19 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 considered
the advisory opinion furnished by the Naval Personnel Command (NPC)
memo 1430 Ser 811/143 of 17 Mar 10, 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.
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 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,

LoDo!

W. DEAN PFE
Executive D

Enclosure
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380S5-0000

1430
Ser 811/143
17 Mar 10

 

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORDS

 

Via: PERS-31C

Subj: BCNR PET TiN 1c ae

Ref: (a) SNM's DD Form 149 dtd 19 Jan 09
(b) BUPERSINST 1430.16F

Encl: (1) BCNR File

1. In accordance with references (a) and (b), recommend disapproval
of the petitioner's request.

2. The petitioner is requesting to back date his advancement to
HM2/E5 to Cycle 203 (Mar 09) examination due to not being allowed to
participate in the advancement examination.

3. The petitioner was ineligible to participate in the advancement
examination in accordance with reference (b) as he was approved to
convert to the SO rating. Additionally, he had commenced school and
was not formally dropped from training until 24 Jun 09.

4. In view of the above, recommend the petitioner's record remains as

5 This is an advisory memorandum in response to reference (a) for use
by the Board for Correction of Naval Records (BCNR) only. Enclosure (1)

is returned.
EAL

As. O'NEILL
ivision Director
Career Administration Division

uU

 

A iad
ba

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