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NAVY | BCNR | CY2013 | NR7289 13
Original file (NR7289 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

HD
Docket No: NR7289-13
17 April 2014

 

Dear Petty Officer Say

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.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

17 April 2014. 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 the Navy Personnel Command dated

6 September 2013, 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 advisory
opinion. The Board found your having been marked above “2.0” (second
lowest) of five possible marks) in block 33 (“Professional
Knowledge”) of the contested enlisted performance evaluation report,
in violation of Naval Facilities Engineering Command Instruction
1410.1, paragraph 10.e(1), was an error in your favor. The Board
was unable to find you did, as you assert, complete all requirements
for the Seabee Combat Warfare Specialist designator within the
prescribed period. In this regard, the Board noted that your record
reflects no endorsement from the reporting senior on your statement

to the report at issue, in which you included that assertion. 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,
Tee DS. a
ROBERT D.” ZSALMAN

Acting Executive Director

Enclosure

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