DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
MEH
Docket No. 10807-08
16 Mar 09
Dear Pa
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 16 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 CMC memo 1560 MRRV of 24 Feb 09, 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. In particular, the Board finds
that because more than 14 years have elapsed between the alleged error
and the request for a correction and because during that time the
applicant’s eligibility for VA education benefits expired, there is
insufficient evidence of an error or injustice to warrant making the
requested change. 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 vreviously considered by the Board.
Docket No. 10807-08
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,
Lad
W. DEAN PFEIFF
Executive Director
Enclosure
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