DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 3854-08
25 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested that the date of rank and effective date of your
promotion to captain be adjusted from 1 May 2007 to 1 May 2006,
to reflect selection by the Fiscal Year (FY) 2007 Reserve
Captain Selection Board, by which you were not considered,
rather than the FY 2008 Reserve Captain Selection Board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 September 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 opinions from Headquarters Marine Corps dated 17 June
and 4 August 2008, copies of which are attached, and your
letters dated 8 July 2008 with enclosures and 2 September 2008.
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 opinions.
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 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,
\Raup
W. DEAN PF
Executive Di
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