DEPARTMENT OF THE NAVY
ARID FOR CORRECTION OF NAVAL RETORDE
701 $, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22264-2490
Ww
BAN
Docket No.NR04919-13
26 August 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USE 2552.
A three-member panel of the. Board for. Correction of Naval
Records, sitting in executive session, considered your
application on 26 August 2013. 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 also notes that you have appiied for a correction to
your record for an error that allegedly occurred more than 60
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.
Navy enlisted advancements are based on a competitive system
that encompasses 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 candidates may be advanced,
they must have the favorable recommendation of their commanding
officer. Personnel within each rating (job) compete with each
other for a limited number of promotion vacancies. It is
possible, even common, for a candidate to receive a passing
score on an advancement exam and/or to complete minimum required
advancement courses, but still not be actually advanced.. Only
those qualified candidates for whom vacancies exist are
Docket No.NR04919-13
advanced.. In such cases, service record entries are made. (often. -
accompanied by a short ceremony and delivery of a certificate >
memorializing the advancement) which actually effects the
“advancement. - ~
Although you neglected to assert your claim for an inordinately .
long period of time without justification and you provided no
evidence as to why you did not seek to have the alleged error
corrected earlier, the Board still decided to review your case...
Therefore, 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.
Additionally, there is no evidence that you were or should have
been advanced beyond your rank of S2C prior to your discharge.
As explained above, a commanding officer’s recommendation is
also required. Based on the circumstances described above, your
application has been denied. The names and votes of the members
of the panel wili be furnished upon request..
It is regrétted 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 Doone.
W. DEAN ER
Executive Director
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