DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 HD:had
Docket No. 08189-08
26 March 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 March 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 (NPC)
dated 19 September 2008, a copy of which is attached.
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.
The Board found the comments in block 43 of the contested
performance evaluation report did not violate the Privacy Act.
The Board was unable to find the report was submitted in lieu of
punishment. You may submit your statement of 29 January 2008,
via the reporting senior, to NPC with a request that it be filed
in your record with the report to which is relates. 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.
Sincerely,
Weed
W. DEAN P R
Executive rector
Enclosure
NAVY | BCNR | CY2008 | 08069-08
You further requested reconsideration for retention in the Navy. It is noted that the Navy Personnel Command (NPC) corrected the PSR as you requested, in August 2008. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2009.
NAVY | BCNR | CY2010 | 03625-10
Your request for investigation of the reporting Senior's actions was not considered, as the Board for Correction of Naval Records is not an investigative body. A three-member panel of the Board, sitting in executive session, considered your application on 22 April 2010. The Board also considered the NPC e-mail dated 3 September 2009 with attachment (DD Form 214), a copy of which is attached, and your letters dated 20 August 2009 with enclosures, 30 October 2009 and 2 February 2010.
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NAVY | BCNR | CY2009 | 11347-09
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