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My command has submit 3 BCNRs in attempt to rectify erroneous information in my Naval record and each time the response comes back as denied. The 3rd BCNR was submitted in response to the Board's finding of a misinterpreted instruction and their request for certain individuals (myself included) to submit for correction. Even at their own request, I was again denied. Has anyone ever had any luck ?
Edited >1 y ago
Posted >1 y ago
Responses: 5
File in US Federal Claims Court, resubmit request to BCNR to have an advisory opinion from the PEB counsel, under the Secretary of the Navy to review your case. Send your case to be reviewed under the (DoD) Department of defense legal policy review board. I would also send request through your Congress VA Rep to contact BCNR to reopen the case. If all else fails then go through the US Federal claims court, I been trying to help a friend and I am trying everything before going to Federal court. Also do your own background making sure that the manuals that were during your time frame that you get them printed off and look and see what the proper procedures were being used, in order to build your case. Good luck
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Yes. There have been a number of successful petitions to the Board for Correction of Naval/Military Records which granted relief; albeit the percentage of success is low. The BCNR should not be a "technical" adventure in persuasive writing, but adequately threading the facts & circumstances of an issue and applying them to the appropriate regulation/rule is imperative in order to have any chance for success. In short, you have to explain why you believe the information is erroneous and then have that error supported by the regulations/rules. If not, the petition is merely a statement devoid of any sound reasoning which would be unpersuasive.
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I had a BCNR to correct an erroneous FITREP but they still upheld the nonselect. That was the year the opportunity to promote to O-4 for those who were CEC for 10 years was 13%. They were enamored with SWOS badges at the time and push buttoned a bunch of 1-2 year line/staff transfers. Did that to YG-76/77s and the incompetence hit took about 15 years to purge. That stunt wouldn't work easily nowadays with the pedigree requirements that you have to spend your time in the CEC to earn.
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