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

BAN
Docket No. 04750-07
9 June 2008

Dear 

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 9 June 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 opinions furnished by NPC memo 1430 Ser 811/355 of 30 Apr 08, and NPC memo 1000 PERS-312Dl/06 of 27 Mar 08, copies of which are 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 811/355 
										30 Apr 08

MEMORANDUM FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD

Via:	PERS—31C

Subj:	BCNP. PETITION ICO FORMER 
	
	Ref:	(a)	SNM’s DD Form 149 dtd 09 May 07
		(b)	Member’s DD-214 dtd 03 Oct 90
		(c)	NAVPERS 1650/65
		(d)	BUPERSINST l430.16E

End:	(1) BCNR File

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

2.	Based on policy and guidelines established in reference (d), enclosure (1) is returned with the following comments.

3.	records have been reviewed and there is no indication that was actually advanced to Aviation Boatswain’s Mate Third Class Petty Officer prior to his discharge date.

4.	In view of the above, recommend member’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

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND

MILLINGTON TN 38055-0000

1000
PERS—3l2Dl/06
27 MAR 08

Prom:	Commander, Navy Personnel Command
To:	Executive Director, Board for Correction of Naval Records
Via:	Assistant, Board for Correction of Naval Records (Pers-31C)

Subj:	ADVISORY OPINION 

Ref:	(a) BCNR Docket Number 04750—07

1.	In reference (a), the member requested verification of entitlement to the Kuwait Liberation Medal and Korean Defense Service Medal.

2.	A review of the member’s service record and the Navy Department Awards Web System (NDAWS) indicates that he is entitled to the National Defense Service Medal, Navy WE” Ribbon, and Sea Service Deployment Ribbon.