Y
DEPARTMENT OF THE NAVY
MOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 05202-08
26 February 2009
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26/ February 2009. 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 the Navy Personnel Command dated
2 July 2008, a copy of which is attached.
After careful and
record, the Board
insufficient toe
error or injustic
concurred with th
except the recomm
("Comments on Per
removing "With mo
should become a m
most of [your] du
the Board particu
dated 29 May 2008
statement, togeth
conscientious consideration of the entire
found that the evidence submitted was
stablish the existence of probable material
. In this connection, the Board substantially
C comments contained in the advisory opinion,
endation, in paragraph 2.g, to modify block 41
formance") of the contested fitness report by
re maturity and technical expertise, [you]
ore effective officer. [You have] performed
ties in an adequate manner." In this regard,
larly noted that you submitted a statement,
, in reply to the report, and that your
er with the reporting senior's endorsement, is
on file in your record with the report. Consequently, the Board
found that even if the advisory opinion is correct in concluding
that the quoted narrative is adverse, your rights regarding
adverse material have not been violated. 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 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.
Enclosure
Sincerely,
Dan
W. DEAN PF
Executive DWwredcto
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