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

LCC
Docket No. 6774-06
1 Nov 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 31 October 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 1430 Ser 4SllAl/600, 6 October 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.

								        W. DEAN PFEIFFER
Executive Director

Enclosure

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

1430
Ser 4811A1/600
06 Oct 06

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:		COMMENTS AND RECOMMENDATION IN THE CASE OF 

Ref:		(a) BUPERSINST 1430.16E	

Encl:		(1) BCNR File # 06774-06
			(2) Member’s letter of 07 December 1990, Subj:  Request for Award Emblems

1.		Base on policy and guidelines established in reference (a), enclosure (1) is returned recommending disapproval.

2.	XXXX is petitioning for correction of his official records to reflect highest grade obtained as GM3 (paygrade E4). He discovered that his DD 214 of 19 January 1954 and NAVPERS 1650/65 (Transmittal of and/or Entitlement to Awards) of 19 December 1990 did not match. NAVPERS 1650/65 was provided as in response to enclosure (2), however, the office file copy does not have an entry of ‘CMI’ on Branch of Service block

3.	Official record reviews indicated member received two Special Court-Martial punishments (1951, 1953) and one Summary Court-Martial punishment (1953) and was discharged from the Naval Service 19 January 1954 in the rank of SR (paygrade El) under separation character of General, under honorable conditions, for the Convenience of the Government.

4.	This is an advisory memorandum for the use by the Board for Correction of Naval Record (BCNR)only. Point of contact is