DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 8237-09
5 Apr 10
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
29 March 2010. 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 Secretary of the Navy
Council of Review Boards, 150 50/294 of 23 October 2009 and 1650
S8/005 of 8 January 2010, a copy of each attached.
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. A comprehensive comparison of
Extraordinary Heroism (EH) cases was made by the Navy Council of
Review Boards. Of those comparisons, Silver Star Medal recipient's
actions that were accorded EH benefits clearly stood out well above
those who were not accorded EH benefits. Your heroic actions for
which you were awarded the Silver Star Medal were consistent with
those who were not accorded EH benefits. 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
Decket No, 8237-09
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 P ER
Executive tor
Enclosures
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