DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

LCC
Docket No. 518-04
11 August 2004

Dear  XXXX

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 11 August 2004. 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. In addition, the Board considered the NPC memorandum 5420 PERS-4812, 1 July 2004.

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. Accordingly, 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,

Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-4812
1 Jul 04

MEMORANDUM FOR THE	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

Via:	Assistant for BCNR Matters (PERS-OOZCB)

Subj:	COMMENTS AND RECOMMENDATIONS IN THE CASE OF

Ref:	(a) Assistant for BCNR Matters 5420 PERS-3LC2 Memo of 10 Jun 04

End:	(1) BCNR File

1.	Per reference (a), the following comments and recommendations are submitted concerning XXXX case.

2.	The FY 04 Reserve E8/9 Selection Board selected 4 Master Chief Utilitiesman, there was 7 quotas and 11 eligible candidates. The board members reviewed the eligible candidate’s records and selected the “best qualified” candidates for Master Chief Utilitiesman.

3.	The FY 04 Reserve ES/9 Selection Board Jet determined the records of the remaining candidates did not meet the “best qualified” standard.

4.	No injustice occurred, we recommend that. petition be denied.

By direction