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NAVY | BCNR | CY2006 | 06849-06
Original file (06849-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO


 SRB
Docket No. 6849-06
25 Oct 06









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 24 October 2006. 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 Pers3l2D1/07 of 28 September 2006, 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


 1000
PERS—312D1/07
28 September 2006


From:    Commander, Navy Personnel Command
To:      Executive Director, Board for Correction of Naval Records
Via:     Assistant, Board for Correction of Naval Records (Pers-31C)
Subj
Ref:     (a) BCNR Docket Number 06849-06

 1.       It is our opinion that reference (a) be disapproved. The rnember’s service record does not support the fact that xxxx was the home of record at the time he reported for active duty on 6 April 1998. His record shows xxxxx as
 the home of record, and that he established residence in the United States in xxxx on 1 January 1997.
         

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