DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100

LCC
Docket No. 5364-06
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 Ser 481lE9/524, 16 August 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 4811E9/524
16 Aug 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:	COMMENTS AND RECONMENDATIONS IN THE CASE OF FORMER

Ref:	(a) BUPERSINST l430.16E
Encl:	(1) BCNR File #5364-06
 
1.   Based on policy and guidelines established in reference (a), following advisory opinion is provided.

2.   Mr. XXXX records have been reviewed and stipulate that there is no indication that he was actually advanced to Aviation Structional Mechanic Third Class (ASM3) prior to being discharged from active duty on 24 July 1978. Member provided in his petition a completion letter for Military Leadership Examination for Paygrade E4, which is just of one requirement for advancement. Unfortunately, an approval recommendation cannot be rendered regarding this petition.

3.	This is an advisory memorandum for the use by the Board for Correction of Naval Records (BCNR) only. Pers-4811 point of contact for this matter is PSCS(SW AW) at extension  or email  @navy.mil.

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