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

LCC
Docket No. 10315-06
7 Feb 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 6 February 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 PERS4812, 18 January 2007, 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,

Enclosure

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

1430
PERS-4 812
18 Jan 07

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 OF

Ref:	(a) BUPERSINST 1430.16E

End:	(1) BCNR File 10315-06

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

2.	As stated in enclosure (1), is requesting a Performance Mark Average (PMA) of 3.80 reflected on his examination profile sheet for his participation in the February 2004 Navy-wide Advancement examination (Cycle 074). The information within the Navy Enlisted Advancement System for the February 2004 Navy-wide Advancement examination (Cycle 074) correctly reflects a PMA of 3.80, which corresponds to the NAVPERS1616/26 dated 31 January 2004, which was provided by enclosure (1).

3.      also identified a discrepancy in the amount of award points awarded to him for the February 2004 Navy-wide Advancement examination (Cycle 074), but provided no supporting documentation in enclosure (1). Per reference (a), the maximum award points that can be applied to a member competing for advancement to E6 is 12 points. The minimum final multiple retired for selection to AM1 for Cycle 074 was 210.85. Based on final multiple and the maximum allowable award points, he still would be below the minimum multiple score of 210.85 which was required for advancement to AM1 for Cycle 074.

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 Contact is PS1(SW)  at Commercial 

By direction