DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
HD:hd
Docket No. 04437-11
2 February 2012
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 removing the fitness report for 31 March to 31 May 2003
and filing the report for 30 April 2003 to 29 February 2004.
It is noted that the Navy Personnel Command (NPC) has filed the report
for 30 April 2003 to 29 February 2004, along with an administrative
change letter dated 13 June 2011, changing the beginning date from 30
April 2003 to 1 June 2003.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
2 February 2012. 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 opinion furnished by NPC dated 17 May 2011, 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. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion in concluding the contested fitness
report for 31 March to 31 May 2003 should stand. Accordingly, your
application has been denied. The names and votes of the members of
the panel will be furnished upon request.
ec Bo,
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,
by De AP
W. DEAN PF q
Executive oO
Enclosure
NAVY | BCNR | CY2010 | 03625-10
Your request for investigation of the reporting Senior's actions was not considered, as the Board for Correction of Naval Records is not an investigative body. A three-member panel of the Board, sitting in executive session, considered your application on 22 April 2010. The Board also considered the NPC e-mail dated 3 September 2009 with attachment (DD Form 214), a copy of which is attached, and your letters dated 20 August 2009 with enclosures, 30 October 2009 and 2 February 2010.
NAVY | BCNR | CY2011 | 03701-11
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 | CY2011 | 13164 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. On 18 April 2011, a report of the NUP was forwarded to the Commander, Navy Personnel Command (NPC). The results of the BOI were forwarded and you were informed that you would be retained in the Navy, but that the NUP would become part of your official record.
NAVY | BCNR | CY2011 | 04046-11
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NAVY | BCNR | CY2005 | 05938-05
The Board also considered your letter dated 30 November 2006 with attachments.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. This responds to your request (enclosure (1)) for comments and recommendation on subject Board for Correction of Naval Records (BCNR) petition. is have reviewed enclosure (1) and recommend applicant’s petition be denied.
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NAVY | BCNR | CY2007 | 8556-07
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