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Decision Text

NAVY | BCNR | CY1999 | 05289-99
Original file (05289-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON M: 20370-5100 

LCC:ddj 
Docket No:  5289-99 
27 January  2000 

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  27 January  2000.  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  BUPERS memorandum  1070 PERS 312E/08 of  23 December  1999, a copy 
of  which  is attached. 

After careful and conscientious consideration of  the entire record,  the Board  found that the 
evidence submitted was insufficient to eshblish  the cxislenzc of  probable matcrial 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 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 

From:  Commander, Navy Personnel Command 
To : 
Via:  Assistant, Board for Correction of Naval Records 

Executive Director, Board for Correction of Naval Records 

(Pers-OOZ) 

PERS-312E/ 
2 3 DEC  1489 

Ref:  (a) BCNR Docket Number 5289-99 

I 

1.  Reference  (a) is disapproved.  In our opinion, member's 
service record does not support the fact that th- 
the home of record at the time he reported for active duty on 28 
January 1991.  His record show 
of record, and that he establi 
in August 1990. 

as the home 
ited States 

.,,was 



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