DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 LCC:ddj
Docket No: 2844-01
19 June 2001
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 19 June 2001. 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/39 of 17 May 2001, 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 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 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
1070
PERS-312E/39
17 MAY 2001
From: Commander, Navy Personnel Command
To: Executive Director, Board for Correction of Naval Records
Via: Assistant,Board for Correction of Naval Records (Pers-00Z)
Subj:
Ref: (a) BCNR Docket Number 2844-01
1. Per reference (a), is disapproved. In our opinion, member's
service record does not support the fact that Cavite City
Philippines was the home of record at the time he reported for
active duty on 21 November 1995. His record shows San Diego,
CA as the home of record and that he established residence in
the United States in March 1995.
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