DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGT0N DC 20370-5100

HD:hd
Docket No. 08169-07
27 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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 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 25 October 2007, a copy of which is attached. The Board also Considered your letter dated 30 November 2007 with reference (b).

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. 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 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
					
				5420
										PERS—80/1005
										25 Oct 07

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for ECNR Matters (PERS—31c)

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF

Ref:	(a) U.S. Code Title 10

Encl:	(1) BCNR File 08169-07

1.	Enclosure (1) is returned recommending disapproval of
             to have his date of rank adjusted to 01 February 2001.

returned to active duty in accordance
with reference (a). The date of rank, 24 January 2006, 	date of rank to the active duty  list in the regular grade held by him when his name was placed on the temporary disability retired list. Since the member’s qualifications as a 1520 were not current, the date of rank was adjusted to allow the member time before he would become eligible for a selection board.

	3.	Recommend disapproval 	

Director, Officer Career
Progression Department
        (PERS-80) 
LEPP