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

LCC
Docket No. 10389-05
8 Mar 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 7 March 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 Ser 4811E9, 8 February 2006, a copy of which 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.

							Sincerely,

							W. DEAN PFEIFFER
							Executive Director

Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                                    MILLINGTON TN 38055-0000

				1430
	Ser 4811E9/ 
 	08 FEB 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj: ADVISORY OPINION~N THE CASE	-___

Ref: (a) BUPERSINST 1430.16E

End:	(1) IBCNR File #10389—05

1.	Based on policy and guidelines established in reference (a), enclosure (1) is returned with no action.
	
2.		is requesting correction of his E-3 effective date
to 11 November 2005.

3.	Per paragraph 704.a of reference (a), members E-3 effective date of 16 December 2005 is correct. He was meritoriously advanced to E—2 effective 11 March 2005 with a Time in Rate (TIR) of 1 March 2005. Advancements to paygrade E-2/E-3 are automatically effected on the 16th day of the month when the qualified candidate complete service requirement of 9 months.

4.	This is an advisory memorandum for the use by the Board f or correction of Naval Records (BC) only. Point of contact is
PSC (SW/AW) e-mail