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NAVY | BCNR | CY2007 | 08613-07
Original file (08613-07.rtf) Auto-classification: Denied
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 MEH
Docket No. 8613-07
10 Dec 07









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 10 December 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 PERS312D1/06 of 15 Nov 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

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.



Sincerely,

W. DEAN P FEIFFER
 Executive Director
Enclosure



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 1000
PERS—312D1/06
15 NOV 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

Ref:      (a) BCNR Docket Number 08613—07
1 . . It is our opinion that reference (a) be disapproved. The member’s service record does not support the fact that Texas was the home of record at the time he reported for active duty on 7 March 2007. His record shows that he attended high school in Oklahoma from August 1996 to May 2000. Furthermore, his record do es not show where he lived from May 2000 until the time of his enlistment on 9 November 2006, when he declared Davis, Oklahoma i s the home of record.


By direction

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