: DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DG 20370-5100 . Docket No: 5209-08
17 June 2009
Dear i
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 9 June 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 an advisory
opinion furnished by the Navy Personnel Command , a copy of which
is enclosed and your rebuttal thereto.
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.
Tn 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,
LWBaS
W. DEAN ‘
Teoutive O etor
Boclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS-832B
26 Feb 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
Via: PERS/BCNR Coordinator (PERS-31¢C)
Subj : REQUEST FOR COMMENTS AND RECOMMENDATION ON PETITION ICO
Ref: (a) SECNAVINST 1910.4A
(b) CNO OP ZERO ONE WASHINGTON DC 1700012 JUL 89
Encl: (1) BCNR File 05209-08
(2) Petitioner’s Microfiche Record
1. The petition and naval records of subject petitioner have been
reviewed relative to his request for upgrade of discharge and
retirement.
2. The review reveals that the petitioner was discharged for
misconduct - drug abuse as a member with over 18 years, but less than
20 years service in accordance with references (a) and (hb).
Therefore, favorable action on this petition is not recommended.
Clea
Assis t Head and Technical Advisor
Enlisted Performance and Separations
Branch (PERS-832}
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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. 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. Per references {a} through (c), recommend disapproval to the petitioner’s request.
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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. 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. 5 his is an advisory memorandum to reference (a) for use by the Board for correction of Naval Records (BCNR) only.
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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. Per references (a) and (b), recommend disapproval to the petitioner's request. This is an advisory memorandum to reference (a) for use by the Board for Correction of Naval Records (BCNR} only.
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