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

		HD:hd
						Docket No. 10951-07
						28 March 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.

You requested, in effect, removal of your failures of selection by the Fiscal Year (FY) 06, 07 and 08 Reserve Line Lieutenant Commander Selection Boards. You also impliedly requested setting aside your discharge from the Navy Reserve on 1 February 2008 by reason of your having had at least two failures of selection to lieutenant commander.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 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 7 February 2008, a copy of which is attached. The Board also considered your undated letter with enclosure.

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, except the statement, in paragraph 3, that the Navy and Marine Corps Achievement Medal (NAM) awarded on 20 March 2007 could have been included for consideration by the FY 08 promotion
board, had you chosen to submit a letter to the board. The Board found you did not receive this medal until July 2007, SO you could not have provided it. However, the Board further found this medal would not have appreciably enhanced your competitiveness for promotion. The Board was unable to find this NAN, which was for performance from March 2004 to October 2005, should. have been awarded in time for the FY 07 promotion board, convened on 22 May 2006. Since the Board found insufficient basis to remove any of your failures of selection for promotion, it had no grounds to set aside your discharge. 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

Enclosure

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

					5420
											PERS—80/0017
											7 Feb 2008

MEMORANDM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: Assistant for BCNR Matters (PERS-3lC)

Subj:

Ref:	(a) BUPERSINST l6lO.lQA

End:	(1) BCNR File 10951/07

1.	Forwarded, recommending disapproval.

2.	The FY-08 Selection Board convened on 30 Apr 07 witness report in question has an end date of 22 Jun 07 and the Navy Achievement Medal, awarded 24 Jul 07, did not exist at the time his Selection Board convened. Therefore, these items could not have been missing from his record at the time the board convened.

3.	The Navy Achievement Medal (dated 20 Mar 2007) was not  cord
but could have been included for consideration
The selection Board members had chosen to submit a Letter to the Board as discussed in reference (a) . made no attempt to submit this award.

4.			witness Report record was complete and he does not merit removal of the failure of selection to Lieutenant Commander.

Director, Officer Career
Progression Branch