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Decision Text

NAVY | BCNR | CY2001 | 05465-01
Original file (05465-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

LCC:ddj
Docket No:  
25 September 2001

5465-01

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.

 

25 September 2001. Your allegations of error and

A three-member panel of the Board   for Correction of Naval   Records, sitting in executive
session, considered your application on  
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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by BUPERS memorandum 1000 PERS 3
which is attached.

-
12E/SS of 20 August 2001, a copy of  
’

 

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
the members of the panel will be furnished upon request.

names and votes of

 

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.
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.

In this regard, it is important

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN  

38055-0000

Y

1000
PERS-312E/55
20 
2001

A!_% 

From:
To:
Via:

Commander, Navy Personnel Command
Executive Director, Board for Correction of Naval Records
Assistant, Board for Correction of Naval Records (Pers-OOZ)

Subj: ADVISORY OPINION ICO

Ref:

(a) BCNR Docket Number 5465-01

Reference (a) is disapproved. In our opinion, member's service
1.
record does not support the fact that Sicily, Italy was his home of
record at the time he reported for active duty on 17 October 1996. His
record shows Derby, CT as his home of record and that he established
residence in the United States in October 1994.



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