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

LCC
Docket No. 4990-07
4 Feb 08

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 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 811/036 of 14 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 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 811/036 
											14 Jan 08

MEMORI~DUN FOR CHAIRMAN, BOARD FOR CORRECTION OF NAVAL RECORD

Via:	PERS-31C

Subj:	BCNR PETITION ICO FORMER 

Ref:	(a) SNMS DD Form 149 dtd 21 May 07

End:	(1) BCNR File

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

2.	The petitioner is requesting correction of his DD-2l4 to reflect a released from active duty rank of BMSN or BM3.

3.	The petitioner official service record was thoroughly reviewed and there is no indication that the petitioner was actually advanced to BM3 or rated as BMSN prior to his release from active duty date 9 December 1966.

4.	In view of above it is not recommended the member DD-2l4 be changed to reflect BM3 or BMSN.

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