DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

LCC
Docket No. 8165-06
9 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 9 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 memorandum 1430 PER5-4812, 15 November 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,

ROBERT D. ZSALMAN
Acting Executive Director
Enclosure

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

				1430
											PERS-48l2													15 Nov 06

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

Via:	Assistant for BCNR Matters (PERS-31C)

Subj:	COMMENTS AND RECOMMENDATIONS IN THE CASE O~’ -

Ref:	(a) Assistant for BCNR Matters 5420 PERS-31C Memo of 12 Oct 06
(b)	BUPERSINST l430.l6E

End:	(1) BCNR File 08165—06

1. Per reference (a), the following comments and recommendations are submitted concerning case.

2. In accordance with Navy enlisted advancement policy, as outlined in reference (b), personnel who convert from a Reserve Component to an Active Component may be authorized advancement as a result of participation in a prior Navy-wide examination, provided the member is in a “Selectee” status and has a Final Multiple Score (FMS) equal to or greater than the FMS in the new competitive category. Our office did not receive an advancement determination request for 

3.  final multiple score from the August 2005 Navy-wide examination (Cycle 077) was 140.69. The final multiple score required for advancement to CN2 in the Active Duty component from the September 2005 Navy-wide examination (Cycle 188) was 176.62. If submitted an advancement determination, the re~7est would have been disapproved by this office due to the member not meeting the minimum multiple required for “Selectee” status from Cycle 188.

4. In view of the above information, it is our recommendation that this petition be denied.

5. This is an advisory memorandum for use by the Board for Correction of Naval Records (BCNR) only. Point of Contac is PS1(SW) Commercial ~

By direction