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NAVY | BCNR | CY2008 | 11016-08
Original file (11016-08.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. 11016-08
30 September 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 i552, 0

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 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 alli material submitted in
support thereof, and applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinions furnished by the Navy Personnel Command dated 11
December 2008 with enclosures and 24 December 2008, copies of -
which are 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
dated 11 December 2008. Since the Board found insufficient
basis to set aside your removal from the Fiscal Year (FY) 08
Line Lieutenant Commander Promotion List, it had no grounds to
remove your failure of selection by the FY 09 Line Lieutenant
Commander Selection Board. Accordingly, your application has
been denied. The names and votes of the members cf 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,

 

Enclosures —

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