DEPARTMENT OFTHE NAVY
	BOARD FOR CORRECTION OF NAVAL RECORDS
	            2 NAVY ANNEX
	      WASHINGTON DC 2O37O-510O

LCC
Docket No. 7037-06
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 memorandum 1430 Ser 4SllE9/585, 1 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.

Sincereley,

W.	DEAN PFEIFFER
Executive Director

Enclosure

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

1430
Ser 4811E9/585
01 Oct 06

MEMORANDUM FOR CONGRESSIONAL HATTERS (PERS-31C)

Subj:

Ref:	(a) BUPERSINST 1430.16E

	Encl	(b) BCNR Fi13 #07037-06

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

2.	XXXXX is requesting backdated  advancement to paygrade E-7 effective 16 September 2005 vice 30 May 2006 based on seniority among selectees for advancement to YNC.

3.	 From the Pers-483 (Conduct and Separations Branch) files, DONCAF issued a member a letter of intent to revoke security clearance on 19 April 2005. The FY-06 Active E7 Selection Board convened from 14 May 2005 to 27 July 2006. On 27 July 2006, the Chief of Naval Personnel put member's selection for YNC on hold until suitability for advancement can h determined.  The YN rating requires access to classified information. Member did not attain this requirement until 30 M y 2006 which in de a his effective date of rate.

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