Search Decisions

Decision Text

NAVY | BCNR | CY2010 | 01648-10
Original file (01648-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 06814-10
11 March 2011

 

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 that your naval record be corrected by removing all
reference to your general court-martial (GCM). You also requested
advancement to pay grade E-7 effective 1 January 2009, with all lost
pay and allowances commensurate with such advancement.

It is noted that the Navy Personnel Command (NPC) has purged your
record of all reference to your GCM. You may submit a claim to the
Defense Finance and Accounting Service for back pay and allowances
in light of the setting aside of your GCM, the sentence of which
included reduction to pay grade E-1.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 10 March
2011. 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 opinions furnished by NPC dated 13 September 2010 with
enclosure and 15 October 2010 with reference (c), copies of which
are attached. The Board also considered your fax dated 31 January
2011 with attachment.
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 in concluding you should not be
advanced to pay grade E-7. Accordingly, your application for relief
beyond that affected by NPC 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,

 

Enclosures

Copy to:

MdcearR Memashe, y

Similar Decisions

  • NAVY | BCNR | CY2011 | 03701-11

    Original file (03701-11.pdf) Auto-classification: Denied

    The Board also considered your counsel’s letters dated 11 November 2010 and 22 April 2011 with enclosure. Since the Board still found no defect in your fitness report record, it had no basis to recommend your advancement to either pay grade E-8 or E-9,. In view of the above, the Board again voted to deny relief.

  • NAVY | BCNR | CY2010 | 11858-10

    Original file (11858-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2011. The Board was unable to find that your circumstances prevented you from availing yourself of your opportunities to defend yourself or pursue redress regarding the contested performance evaluation reports. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2011 | 11272 11

    Original file (11272 11.pdf) Auto-classification: Approved

    g. In March 2011, after being notified of the deficiency in his clearance status, Petitioner re-submitted the required security questionnaire documents to obtain the required security clearance. He had never been held back in any way from progressing through his Navy career due to security clearance issues and he was not aware that there was a deficiency that would disqualify him from competing for advancement. A three-member panel of the Board for Correction of Naval Records, sitting in...

  • NAVY | BCNR | CY2010 | 07834-10

    Original file (07834-10.pdf) Auto-classification: Denied

    You requested that your selection for advancement to chief petty officer be reinstated as of your original projected effective date of advancement, 16 July 2007. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. 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 | 04044-10

    Original file (04044-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2013 | NR6340 13

    Original file (NR6340 13.pdf) Auto-classification: Denied

    It is noted that the Navy Personnel Command (NPC) has administratively removed the contested special evaluation and reinstated your original TIR and effective dates for pay grade E-6. In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 20 September and 16 December 2013, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2010 | 13125-10

    Original file (13125-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2011. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command (NPC) dated 18 January 2011 with enclosure and the NPC e-mail dated 1 March 2011, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2013 | NR3163-13

    Original file (NR3163-13.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that his selection to Chief Petty Officer/E-7 be reinstated effective 16 August 2011. The Board, consisting of Messrs. Pfeiffer, Zsalman and George, reviewed Petitioner’s allegations of error and injustice on 20 August 2013 and, pursuant to its regulations, determined that the corrective action indicated below should be taken...

  • NAVY | BCNR | CY2009 | 03574-09

    Original file (03574-09.pdf) Auto-classification: Denied

    Finally, you impliedly requested removing the service record page 13 ("Administrative Remarks") entry dated 25 July 2008 and documentation of your removal from the Fiscal Year (FY) 09 Active Duty Chief Petty Officer Selection Board List.. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2009, Your allegations of error and injustice were reviewed in accordance with administrative regulations and...

  • NAVY | BCNR | CY2010 | 10612-10

    Original file (10612-10.pdf) Auto-classification: Denied

    Your previous case, docket number 018976-10, was denied on 2 September 2010. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 6 October 2011. In addition; the Board considered the e-mail advisory opinions furnished by the Navy Personnel Command (NPC) dated 21 September 2010 with attachments and the National Naval Medical Center (NNMC) Bethesda dated 22 August 2011 with attachment, copies of which are attached.