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

LCC
Docket No. 4472-05
26 Sep 06

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

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 26 September 2006.  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 advisory opinion furnished by NPc memorandum 1430 481lE9/525, 17 August 2006, a copy of each is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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.

								Sincreley,

					
W. DEAN PFIEFFER
Executive Director

Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
				MILLINGTON TN 38055-0000
1430
Ser 48llE9/525
17 Aug 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-3LC2)

Subj:	COMMENTS AND RECOMMENDATIONS IN THE CASE OF MA2(SW)
	
	Ref:	(a)	BUPERSINST 1430.16E
		(b)	DONCAF ltr 5520 Ser O17VABCNR of 21 Dec 05
		(c)	My ltr 1430 Ser 481159/582 of 25 Oct 05

Encl: 	(1) BCNR Files #04472-05

1.  Based on policy and guidelines established in reference (a), enclosure (1) is returned with the following comments.

2.	XXXXXXis requesting that his Final Multiple Score (FMS) of  195.25	from the March 2005 (Cycle 187) be considered for the September 2003 (Cycle 180) - Member was not able to participate for paygrade E6 advancement examination beginning with March 2001 due to a pending
security clearance final determination.

3.	Reference (c) provided additional information on the process procedure and timelines in the member’s security clearance adjudication Member’s first opportunity to participate for ES exam after the security clearance issue was September 2004 (Cycle 184) resulting in Standard Score (SS) of 41.02 and Pass-not-Advanced (PNA) status with a FMS of 176.32 against the Minimum Multiple Required (MIMR) of 204.78.

	Exam	Cycle	Exam Rate	SS	PMA 	SIPG 	AWARDS 	PNA 	FMS 	MMR
	March2006	191	MAI	70.06	98	34	10	8	220.06	217.53
	September2005	188	MAI	57.18	98	34	10	4	203.18	207.95
	March2005	187	III	54.25	98	33	10	0	195.25	201.95
	September2004	184	IT1	41.02	93.8	32	10	0	176.82	204.78
	March2004	183	IT1			31				209.20
	September2003	180	III			30				190.40
	March 2003	179	ITI			29				200.60
	September 2002	176	IT1			28				197.51
	March2002	175	IT1			27				197.57
	September2001	172	ITI			26				196.73
	March2001	171	IT1			25				200.17

It is reasonable that member chooses to compare his Cycle 187 FMS to the lowest NIMR for the IT1 which was Cycle 183 (September 2003) -However, MI4R is established as a cutoff for the particular available quotas and was low on this cycle due to different factors — harder

Subj:	COMMENTS AND RECOMMENDATIONS IN THE CASE OF MA2 (SW)

exam, high quota number, etc. There is no single fair basis to compare two advancement cycles FMS for advancement consideration. Pers-481 normally recommends advancement be retroactive to one cycle only once member obtains “selectee” status (on this case, Cycle 191, March 2006 retroactive to Cycle 188, September 2005)

4.	This is an advisory memorandum for the use by the Board for correction of Naval Records (BCNR) only. Pers-48l point of contact for this matter is PSCS(SW/AW) at extension 4-3238 or 

	Head, Enlisted Career Progression
	(PERS-48l)
	By direction

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