BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTON DC 20370-5 100

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Docket No. 10215-07
4 April 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 3 April 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 24 January 2008, a copy of which is attached. The Board also considered your letter dated 25 March 2008.

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, noting it indicated that an eligible officer’s medical status may not be disclosed to a selection board. Further, the Board was unable to find that information about your temporary limited duty status, if known, or the information about your treatment for cancer reflected in your fitness reports for 8 August 2002 to 28 February 2003, 1 March to 31 August 2003 and 29 May to 31 August 2004 would unfairly prejudice your chances for selection for promotion. Since the Board found insufficient basis to
remove your failures of selection by the Fiscal Year 06, 07 and 08 Line Captain Selection Boards, it had no grounds to change your promotion status from above-zone to in-zone. 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