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NAVY | BCNR | CY2008 | 06281-08
Original file (06281-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON BC 20370-5100

 

WJH
Doc. No. 6281-08
9 September 2009

 

Dear #

 

This is 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 8 September 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, and applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinion furnished by CMC memo 1070 MMSB-13 of 22 July 2009, a
copy of which is attached.

After careful and conscientious consideration of the entire
record, a majority of 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. The records show that your release from
active duty was effective on 24 April 1958. The Board noted
that in May 1958, the Commandant of the Marine Corps reviewed
the matter and determined that the two days authorized for
travel conformed with the governing regulations in effect at the
time. The Board found insufficient evidence of an error or
injustice that would warrant a change to that prior
determination. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
Doc. No. 6281-08

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 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,

\) Doane

W. DEAN P F
Executive reato

Enclosures

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