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NAVY | BCNR | CY2008 | 03735-08
Original file (03735-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No.03735-08

28 July 2008

 

Dear STI,

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 28 July
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. In addition, the Board considered
the advisory opinion furnished by NPC memo 1070 PERS 812 of

27 Jun 08, which states that although the Board for Corrections of
Naval Records (BCNR) requested additional information to substantiate
your claim that you missed the February 2007 advancement exam through
no fault of your own, you failed to provide supporting documentation.
In the event you can provide a letter from your commanding officer
endorsing your claim, your request will be reconsidered at that time.

Due to the lack of information and 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 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,

Wood

W. DEAN PF
Executive Ditcector

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