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NAVY | BCNR | CY2007 | 11043-07
Original file (11043-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

BJG
Docket No: 11043-07
31 October 2008

 

This is in reference to your application dated 25 June 2007 with
attachment, seeking reconsideration of your previous application
for correction of your naval record pursuant to the provisions
of title 10 of the United States Code, section 1552. Your
previous case, docket number 11161-06, was denied on

19 January 2007.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 October 2008. 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, and your prior case file. In
addition, the Board considered the report of the Headquarters
Marine Corps Performance Evaluation Review Board (PERB), dated

10 December 2007, 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 report of the PERB.

 

ew
Accordingly, the Board again voted to deny relief. 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,

\ Wu QD
W. DEAN PFEIBRFE
Executive Di

Enclosure

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