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NAVY | BCNR | CY2006 | 11147-06
Original file (11147-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TJR
Docket No: 11147-06
13 June 2007



Dea r

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 Records, sitting in executive session, considered your application on 12 June 2007. 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 the Headquarters, Marine Corps, Performance Evaluation Review Branch dated 13 December 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 regard, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. However, the Board noted that reconsideration of your case would, be warranted if you could provide documentary evidence regarding your service in the Air National Guard, specifically, your Certificate of Release or Discharge from Active Duty (DD Form 214) or certified statement of service, and/or copies of your orders to Iraq, record of combat history, or certified record of duty stations.

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. As stated above, 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

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