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

LCC
Docket No. 3177-06
24 Jan 07

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 17 January 2007. 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 memorandums 1430 Ser 48llE9/375, 13 June 2006 and 11 December 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 furnished by NPC 4811. Additionally, the Board agreed that there was no evidence that you had the favorable recommendation of your Commanding Officer at the time you wish to be advanced retroactively. 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,

ROBERT D. ZSALMAN
Acting Executive Director
Enclosures

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
					            MILLINGTON TN 38055~0OOo

				1430
											Ser 48llE9/375
											13 Jun 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:	COMMENTS AND RECOMMENDATIONS IN THE CASE OF

Ref:	(a) BUPER5INST l430.l6E

End:	(1) BCNR file #03177—06

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

2	is requesting to be advanced to paygrade E-2 effective 16 May 2005 and to E-3 effective 16 February 2006 after a reduction in rate due to Non-Judicial Punishment (NJP) prevented the automatic advancement. Official service record review shows no NJP document on file and reflects the following advancement data:

Effective/Time-in Rate
	Paygrade	Date	Comments
	E-l	19 Sep 02/01 Oct 02	Enlistment Date
	E-2	16 Jul 03/01 Jul 03	Automatic after
			9 months TIR
	E-l	11 Feb 04/14 Jan 04	See next paragraph

Member attached a NJP Page 13 dated 13 August 2004. This document listed the NJP punishment that did not include a reduction in rate. Per official record, it seems that member had a previous NJP in 11 February 2004 resulting in reduction in rate (no document found in official record) . The current TIR is not in accordance with paragraph 216.c of reference (a)

3. Recommend that the command updates member’s official record by submitting the appropriate NJP Page 7s and other appropriate documents. At this time, no advisory can be provided until the command does the corrective actions required.

3. This is an advisory memorandum for the use by the Board for
Correction of Naval Records BCNR) only. Point of contact is
P5CS(SW/AW) , DSN 882-3238 or email 

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

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

				1430
											Ser 4811E9/725
											11 DEC 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

	Subj:	COMMENTS AND RECOMMENDATIONS IN THE CASE OF FORMER AIRMAN
     
	Ref:	(a)	BUPERSINST 1430.16E
		(b)	NAVPERS 1070/613 dtd 13 Aug 2004

	End:	(1) BCNR file #03177—06

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

2. is requesting back pay and allowances for E-2 and E-3 due to not being advanced after Non-Judicial Punishment (NJP) held 13 August 2004. After verification of the Enlisted Master File effective date of rank for E-1 is 11 February 2004. Per ref (b), the member went to NJP 13 August 2004 however; there was no reduction-in-rate due to the member already being an E-l. Per reference (a), Para 704 (b) the member would be eligible for advancement to E-2 9 months after his Time-in-Rate(TIR) to E-1. But due to the member being reduced in rate from ABFAA to ABFAR the member must request advancement to E-2/E3 via his Commanding Officer. No advisory opinion can be provided without the Commanding Officer recommending the member for advancement to subsequent paygrades.

3. This is an advisory memorandum for the use by the Board for correction of Naval Records (BCNR) only. Point of contact is PSCS(SW/AW)  DSN 882-3238 or E-mail

Head, Enlisted Career Progression
                   (Pers-481)
	By direction