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NAVY | BCNR | CY2005 | 03435-05
Original file (03435-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370 51 00

 SMW
 Docket No: 3435-05
27 September 2006
This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 United States Code, Section 1552.

A three-member panel of the Board for Correction of Naval Record, sitting in executive session, considered your application on 27 September 2006. Your allegation 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 the Navy Department Board of Decorations and Medals, 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 reqard, 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 PFIEFFER
          Executive Director




 Enclosures
(1)      Advisory Opinion







DEPARTMENT OF THE NAVY
OFFICE OF THE SECRETARY
1000 NAVY PENTAGON
WASHINGTON DC 20350-1000


 1650
Ser NDBDM/200
28 August 2006
From:    Navy Department Board of Decorations and Medals
To:      Chairman, Board for Correction of Naval Records
Subj:    COMMENTS AND RECOMMENDATION ICO
Ref:     (a) BCNR ltr AEG:jdh Docket No. 03435-05 of 18 Oct 05
 (b) SECNAVTNST 1650.l(series)
End:     (1) Award Recommendations Submitted Under 10 U.S~C. §1130
 (2) BCNR File
 (3) Service Record
1.       As requested in reference (a), the Navy Department Board of Decorations and Medals (NDBDM) has reviewed -, petition requesting an award based on his actions during the sinking of the TJSS PARTRIDGE on February 1, 1951.

2.       There is no evidence an award recommendation has previously been submitted for XXXX and the material presented is insufficient to consider an award for him at this time. However, even though the normal time limit for submitting an award recommendation is long past, in accordance with 10 U.S.C. §1130, it may be possible to consider an award for XXXX if the recommendation is submitted via a Member of Congress. The complete requirements for submitting an award recommendation are contained in reference (b), The Navy and Marine Corps Awards Manual, which is available online at https://awards.navy.mil by clicking on Documents , then Instructions/Publications! Directives , and then on Navy and Marine Corps Awards Manual SECNAVINST 1650.1G . In addition, enclosure (1) provides a summary of the submission requirements, and is appropriate for forwarding to
3.       Upon the preparation of a complete award recommendation package, it should be submitted to the following address:

 Chief of Naval Operations (DNS-35)
2000 Navy Pentagon
Washington, DC 20350-2000

4.       Enclosures (1) and (2) are returned as requested. The point of contact on this matter is





By direction

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