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NAVY | BCNR | CY2011 | 01524-11
Original file (01524-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-51900

 

HD:hd
Docket No. 01524-11
2 September 2011

 

Dear Commander Sige

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 flight status be changed from B(I1)

(termination of flight status with right to wear insignia) to A(4)
(probationary flight status) and that the fitness report for 1 May
to 28 July 2010 be removed. Your request to change your flight status
was not considered, as it is the policy of the Board for Correction
of Naval Records not to entertain such requests. However, the Board
did consider making findings regarding your flight status.

A three-member panel of the Board, sitting in executive session,
considered your application on 1 September 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 letter from the
Commander, Naval Air Force Pacific (COMNAVAIRFORPAC) dated 13 April
2011 and the Navy Personnel Command advisory opinions dated 28 April
and 2 June 2011, copies of which are attached. The Board also
considered your counsel’s letters dated 28 July and 11 August 2011.

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
COMNAVAIRFORPAC letter and the advisory opinions. The Board
recognized that the Field Naval Aviator Evaluation Board (FNAEB)
recommended A(4) status, and it further recognized that the second
endorsement on the FNAEB report concurred with that recommendation.
The Board was unable to find the first endorsement, recommending B(1)
status, was untruthful. The Board found it unobjectionable that
this endorsement was based in part on Military Flight Operational
Quality Assurance (MFOQA) data that was not available to the endorser
at the time of the incident that gave rise to the FNAEB. Finally,
the Board found it unobjectionable that you did not have an
opportunity to respond to that endorsement before the final decision
on your flight status was reached. 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,

W. DEAN DEE F

Executive Di

Enclosures

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