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NAVY | BCNR | CY2011 | 04004-11
Original file (04004-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WOH
Docket No. 04004-11
21 June 2011

 

This is in reference to your application for correction of
your naval record pursuant to the provisions of 10 use
1552.

R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 June 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings GE
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 noted that you have applied for a correction to
your record for an error that allegedly occurred more than
forty 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.

Enlisted promotions 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
Docket: 04004-11

officer. Personnel compete with each other for a limited
number of promotion vacancies. Service record entries are
made for persons who are promoted (often accompanied by a
short ceremony and delivery of a certificate memorializing
the promotion) which actually effects the promotion. The
absence of a service record showing the effective date of a
promotion indicates that a candidate was not actually
promoted. —

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 at
the time of your discharge, the highest grade that you
achieved was E-3. You signed your DD 214 of 17 June 1960
indicating your grade was E-3. There is no evidence that
you were or should have been promoted beyond E-3 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.

Tt 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
Docket: 04004-11

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,

Executive Qiyector

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