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

					LCC
										Docket No. 6720-07 
										11 Dec 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 10 December 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 Ser 81159/523 of 22 October 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 f or 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

Enclosure

		DEPARTMENT OF THE NAVY
	                            NAVY PERSONNEL COMMAND
	MILLINGTON TN 38055.0000	

		Ser811E9/523
		22 Oct 07

MEMORANDUM FOR CONGRESSIONAL MATTERS (PERS-31C)

Subj:	COMMENTS AND RECOMMENDATIONS IN THE CASE OF
		
	Ref:	(a)	BUPERSINST 1430.16E
		(b)	USS CARL VINSON ltr 5520 Ser ADM 040
		(C)	DONCAF ltr 5520 Set 001YF053 of 13 Jan 05

Encl:	(1) BCNR file # 6720—07

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

2.	is requesting advancement to Chief Petty Officer from the FY-07 Active Duty Selection Board.

3. Upon further review was selected for ZZE7 from the FY 07 Chief Petty Officer Selection Board. However, the member selection to Chief Petty Officer was removed by Chief Naval Personnel due to his security clearance being deny/revoke 31 August 2005 by the Department of the Navy Central Adjudication Facility (DONCAF) . Reference (b), is requesting re-consideration in the finding to revoke and deny the member security clearance based on reference (c).  did respond to DONCAF in regards to reference (c) , and was denied his clearance on 31 August 2005. The member since has regain his security clearance through DONCAF. However, it is not recommended the member advancement date to Chief Petty Officer be backdated since, the member was not eligible for advancement in the rating at the time he took the examination to become board eligible.

4.	This is an advisory memorandum for the use by the Board for correction of Naval Records (BCNR) only. Point of contact is PSCS(SW/AW), DSN 882-3238 or E-mail 

By direction