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NAVY | BCNR | CY2008 | 04355-08
Original file (04355-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JSR
Docket No: 4355-08

17 July 2008

 

provisions of title 10 of the
United States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your

application on 17 July 2008. Your allegations of error and
injustice were reviewed in accordance with administrative

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 from Headquarters Marine Corps dated 6 June
2008, a copy of which is attached, and your counsel’s e-mail

dated 15 July 2008.

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.
The Board found unpersuasive your contention, after you knew you
had failed of selection for promotion, that you were “unable to

[your] competitiveness for promotion.” Finally, the Board
considered that if you were unable to obtain counseling as to
whether it would be advisable to ask for deferment of promotion
consideration, it would have been more prudent to opt for
deferment, to avoid the risk of sustaining a failure of
selection. In view of the above, 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. 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,
W. DEAN PF

Executive D

Enclosure

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