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NAVY | BCNR | CY2008 | 08621-08
Original file (08621-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 08621-08
19 March 2009

 

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the

Vnated states Code | section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your

application on 19 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 opinions furnished by the Navy Personnel Command dated

24 November 2008 with enclosure and the Office of the Chief of

Naval Operations dated 9 January 2009, copies of which are

attached. The Board also considered your letter dated
9 February 2009.

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 opinions.
The Roard found the matter of interest holding was not
inconsistent with the dismissal of your nonjudicial punishment
proceedings. ‘he Board was unable to find the circumstances of
your former commanding officer's case were substantially
identical to yours. 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,

   
  

W. DEAN PFEI
Executive Di

Enclosures
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