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

LCC
Docket No. 9999-07
4 Feb 08

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 4 February 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 memorandum 1430 Ser 811/034 of 11 January 2008, 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 of ficial 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 811/034
											11 JAN 08

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

Subj:	BCNR PETITION 

	Ref:	(a)	SNN’s DD Form 149 dtd 29 Oct 07
		(b)	BUPERSINST 1430.l6F

End:	(1) BCNR File

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

2.	The petitioner is requesting recomputation of cycle 195
March 2007 advancement examination with an additional point from
a Flag Letter of Commendation (FLOC) for commendable achievement
from October 2006 to March 2007, and two additional points for a
Navy and Marine Corps Achievement Medal (NAN) approved on 21 Sep
07.

3.	Member has four award points from his Good Conduct Award (2 points), and NAN (2 points). Per reference (b), only awards approved or earned prior to the day of the regularly scheduled examination are credited to the advancement examination. Awards with only a month/year date are presumed to have an ending date on the last day of the respective month.

4.	In view of the above, recommend disapproval of petitioner’s request for one award point for his FLOC and two award points for his NAN dated 21 Sep 07, for cycle 195 advancement examination.

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.

          LT USN
Division Director
Enlisted Career Progression
By Direction