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

			BJG
	Docket No: 1135-06 
	19 December 2006

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.

You requested, in effect, that your naval record be corrected to show that you were not removed from the Fiscal Year 2003 or 2004 Lieutenant All Fully Qualified Officers Promotion List and that you were promoted to lieutenant with a date of rank and effective date of 1 June 2003. You also impliedly requested setting aside the action to effect your involuntary retirement.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 December 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 from the Bureau of Naval Personnel, dated 7 March 2006, a copy of which is attached. The Board also considered your letters dated 28 February 2006 with enclosure, 30 March 2006 with enclosures and 23 September 2006.

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. The Board noted the Secretary of the Navy action of 28 April 2005 reflects the following annotation: “Considered all documents submitted with [your] letter dated 19 Jan 05, and the first endorsement dated 22 Mar 05. CNO [Chief of Naval Operations] is also aware of this additional information.” The Board found the actions to remove you from the promotion lists were justified and not unduly harsh in light of your role in the grounding of the USS TORTUGA (LSD 46). 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,

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
						MILLINGTON TN 38055.0000
	-	

		5420
							Ser 4833/0122
							7 Mar 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Via: PERS/BCNR Coordinator (PERS-31C)

Subj:	RECOMMENDATION IN CASE 

Ref: (a) NAVPERSCOM ltr 5420 Ser Pers-31C of 2 Mar 06
(b)	SECNAVINST 1420.lA

End:	(1) BCNR File 1801135-06 w/Service record

1.	In response to reference (a), PERS-4833 is returning enclosure (1) with the recommendation ~ petition for his removal from the FY-03 and FY-04 Active Lieutenant Line Promotion Selection List be overturned be denied.

	2.	Following the approval of the FY-03 and FY-04 Active Lieutenant Line Promotion Selection Board results, the Chief of Naval Personnel approved the delay of permanent promotion to lieutenant due to a report of adverse information. In both instances, upon review ~ leading up to the grounding of USS TORTUGA (LSD 44) while he was standing Officer of the Deck, statements from and his chain of command, as well as his complete service record, the Secretary of the Navy exercise	 authority under
	reference (b) by removed his name from the FY-03 and
FY-04 Active Lieutenant Line Promotion List.

3.	No administrative errors were made in the processing of this case. Our records show not respond to his FY-04 promotion issue until SECNAV’s legal counsel contacted ~ directly submitted his response directly to SECNAV’s office on 21 April 2005, and SECNAV removed his name from the FY-04 Active Lieutenant Line Promotion List on 28 April 2005.

_states his promotion exceeded the maximum six month time me specified in paragraph 23 .d of reference (b),

Subj:	RECOMMENDATION IN CASE

however, the promotion delay was ratified and extended in accordance with the instruction. An overturn of SECNAV’s decision to remove name from the FY-03 and FY-04 Active Lieutenant Line Promotion Lists, in this case, is not warranted nor recommended,

Lieutenant Commander, U.S. NAVY
Post-Selection Board Matters

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