DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900
RDZ:ech
Docket No. 10509-08
10 August 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 4 August 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations and procedures applicable to the proceedings of this
Board. Documentary evidence 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, from Headquarters Marine Corps dated 31
October 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
coneurred with the comments contained in the advisory opinion.
The Board did not consider whether your discharge should be
upgraded since you must first apply to the Navy Discharge Review
Board (NDRB). Enclosed is a DD Form 293 which you should use to
apply to NDRB.
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. In this regard, it is important to keep in mind that
a presumption of gegularity attaches to all official records.
fonsequently, 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,
Wan:
W. DEAN PF
Executive coe
Enclosure
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