DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 7177-05
18 Oct 05
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 18 October 2005. 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 NPC
letter, 1000 PERS-312D1/06, 4 October 2005, 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. 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
Enclosure Executive Director
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1000
PERS-3 12D1/06
Oct 4 2005
From: Commander, Navy Personnel Command
To: Executive Director, Board for Correction of Naval Records
Via: Assistant, Board for Correction of Naval Records (PERS-3LC2)
Subj:
Ref: (a) BCNR Docket Number 7177-05
1. It is our opinion that reference (a) be disapproved. The member~ s
service record does not support the fact that New York was the home of
record at the time he enlisted in the U. S. Navy on 12 January 2004, nor
when he reported for active duty on 3 November 2004. His record shows he
lived in Virginia from September 2001 until he reported to active duty.
By direction
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