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

HD: hd
Docket No. 00685-07
14 January 2008
		___	__

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. You requested promotion to chief warrant officer (CWO)4 effective 1 October 2006 or, if that request is not approved, reversion to permanent limited duty officer (LDO) lieutenant and retirement in that grade.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2008. 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 the Navy Personnel Command dated 16 April and 23 August 2007, copies of which are attached. The Board also considered your letter of 22 May 2007.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Although the Board does have the power to consider correcting your record to show your promotion to CWO4 when you have not actually been selected by a promotion board, it was unable to find you were not properly presented to the Fiscal Year 07 CWO4 Selection Board in the status of above zone not previously considered. The Board found it would not be
erroneous or unjust if your retirement were a factor in your failure of selection. Regarding your alternative request, the Board particularly noted that your status was previously changed from permanent to temporary LDO lieutenant, so that you could retain your permanent status as a CWO3, by direction of the Board in response to your request. The Board found your not having been selected for promotion to CW04 did not justify reversing its previous action. In view of the above, 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 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

Enclosures

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

5420
PERS-480/ 02 09
16 Apr 07

MEMORANDUM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF

Ref:	(a) Board for Corrections of Naval Records ltr dtd 13 Mar 06
(b)	Title 10, United States Code

End:	(1) BCNR File 00685—07

1 Enclosure (1) is returned recommending request to receive a back dated promotion to CWO4 be disapproved.

2 ~ was accurately and fairly consider the FY-07 Active Duty CWO4 Selection Board as an above zone not previously considered eligible as directed by reference (a) . Unfortunately, he was not selected for promotion to the next higher grade.

3.	Furthermore, there is no provision in reference be promoted without the recommendation of a promotion selection board.

retire on 01 October 2007 and should be
justifiably proud of his 30 years of Naval service. Recommend disapproval of his request for promotion.

Director, Officer Career Progression Branch
           (PERS -480)

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

5420
PERS—480 /07 62
23 Aug 07

MEMORANDUM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters (PERS-3lC)

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS IN CASE OF

Ref:	(a) Board for Corrections of Naval Records ltr dtd 13 Mar 06
(b)	Title 10, United States Code

End:	(1) BCNR File 00685—07

1 Enclosure (1) is returned ~ request to receive a back dated promotion to CWO4 and reversion to permanent pay grade of 03E be disapproved.

2.	In accordance with reference (a) and original request; his naval record was corrected to show temporary appointment as an LDO Lieutenant vice permanent. Therefore, naval record is correct and requires no further modifications.
	record was accurately and fairly considered by the FY-07 Active Duty CWO4 Selection Board as an above zone not  considered eligible as directed by reference ~ not selected for promotion to the next higher grade and there is no provision in reference (b) for be promoted without the recommendation of a promotion selection board.

retire on 01 October 2007 and should be proud
of his 30 years of Naval service. Recommend disapproval of his request for promotion and reversion.

Director, Officer Career Progression Department
       (PERS-80)