DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO

BAN
Docket No. 06957-07
24 March 2008

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 March 24, 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 NPC memo 1430 Ser 811/209 of 29 Feb 08, 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,

W.	DEAN PFEIFFER
Executive Director

Enclosure

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

					1430
											Ser 811/209 
											29 Feb 08

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD
Via:	PERS-31C

	Subj:	BCNR PETITION ICO 	
	
	Ref:	(a) SNN’s DD Form 149 dtd 17 Jul 07

End:	(1) BCNR File

1.	In response to reference (a), recommend disapproval to the petitioner’s request.

2. The petitioner is requesting advancement to Second Class Petty Officer.

3.	After a thorough review of petitioner’s service record it was discovered that the petitioner was advanced to AEM3c(T) on 1 December 1945 and was separated from active duty on 28 July 1946 as an AEM3c(T). He enlisted in the U.S. Naval Reserve (Inactive) on 29 July 1946. as an ANE3c, and on 2 April 1948 his rate was changed to a Postwar Rating Structure of AEM3. The petitioner was honorably discharged from the U.S. Naval Reserve (Inactive) on 28 July 1951 as an AEM3. No information was discovered establishing petitioner’s advancement to AME2.

4.	In view of the above, recommend the petitioner’s record remains as is.

5.	This is an advisory memorandum to reference (a) for the use by the Board for correction of Naval Records (BCNR) only. Enclosure (1) is returned.

Division Director
Enlisted Career Progression