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NAVY | BCNR | CY2007 | 04946-07
Original file (04946-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


 MEH
Docket No. 4946—07
28 Aug 07



This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 28 August 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 NPC memo 1000 PERS-3l2D1/06 of 8 Aug 07, a copy of which is attached.
After careful and conscientious consideration of the entire record, a majority of 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 also 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.
         

         Sincerel y
                                            



                                                                                 W. DEAN PFEIFFER
                                                                                 Executive Director



 Enclosure
                            DEPARTMENT OF THE NAVY
                            NAVY PERSONNEL COMMAND
                            MILLINGTON, TN 3805

1000
PERS—3l2Dl/06
          AUG 08, 2007



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:    ADVISORY OPINION ICO
Ref:     (a) BCNR Docket Number 4946-07
1.       It is our opinion that reference (a) be disapproved. The member’s service record does not support the fact that Chicago, Illinois was the home of record at the time she reported for active duty on 23 September 1999. Her record shows Pine River, Wisconsin as the home of record, and that she established both residence and employment in Wisconsin in August 1995 and lived there for four years prior to enlisting in the Navy.



By direction

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