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NAVY | BCNR | CY2013 | NR9263 13
Original file (NR9263 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No:NR09263-13
11 March 2014

 

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

BR three-member panel of the Board for Correction of Naval

- Records, sitting in executive session, considered your
application on 10 March 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, your naval record and applicable statutes,
regulations and policies.

The Board also notes that you have applied 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,

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.

Navy enlisted advancements 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. In addition, before any candidate

may be advanced, the candidate must have the favorable
Docket No.NRO8995-13

recommendation of their commanding officer and have a score high
enough to advance to the next higher pay-grade. ‘Personnel
within each rating compete with each other for a limited number
of promotion vacancies. Only those qualified candidates for
whom vacancies exist are advanced. Additionally, there is:
nothing in your record to show that you passed AND advanced to
E-4/MM3, even though you were recommended for advancement.

Therefore, 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.

It is regretted fthat 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,

‘ROBERT D. ZSALMAN
Acting Executive Director

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