DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No: NR1986-14
12 June 2014
Dear Commander Fg
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
12 June 2014. Your allegations of error and injustice were reviewed
in accordance with administrative reguiations 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
4 April 2014, a copy of which is attached.
After careful and conscientious consideration of the entire recorad,
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. Specifically regarding the reporting period 20 October
2011 to 31 October 2012, the Board found that while the contested
report may have been invalid, as it appears to have been submitted
by an officer without authority to act as your reporting senior,
leaving it in your record is in your best interest, as this report
reflects higher marks, of "5.0" (best of five possible marks) rather
than “4.0” (second best) in four areas, than the report from Colonel
A---, the Commanding Officer. Further, your record includes the
letter from Lieutenant Colonel G--- dated 31 May 2013, which makes
it clear that he submitted the contested report without proper
delegation authority. 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,
kD Ko
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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