DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 5474-08
14 Oct 08
Dear (te
This +s 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 14
October 2008. Your allegations of error and injustice were reviewed
in ac¢ordance with administrative regulations and procedures
appli¢able 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
appli¢dable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by NAVACAD memo 5800 28-196
of 7 Aug 08, a copy of which is attached.
The Board members considered your request for a personal appearance,
but determined the issues in the case were adequately documented and
that a personal appearance would not materially add to the
undergtanding of the matters to be considered. Accordingly, your
requedt for a personal appearance was denied.
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. The
Board noted that Mr. William A. Navas, Assistant Secretary of the Navy
(Manpower and Reserve Affairs), acting on behalf of the Secretary of
the Navy, had previously approved the recoupment of the pro-rata cost
of your Naval Academy education. In this connection, the Board
substantially concurred with the comments contained in the advisory
Opinion and found no compelling reason to disturb Mr. Navas’s prior
determination. 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.
Docket No. 5474-08
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,
ruth,
W. DEAN PFE
Executive Diretor
Enclosure
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