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NAVY | BCNR | CY2008 | 11625-08
Original file (11625-08.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. 11625-08
7 May 2009°

 

 

Dear #

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. You requested that your
retired grade be changed from lieutenant {pay grade 0O-3E) to
lieutenant commander (pay grade 0-4).

 

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 May 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 dated
24 March 2009 less enclosures, a copy of which is attached. The
Board also considered your letter dated 17 April 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 light of your nonjudicial punishment,
the Board was unable to find your retirement as a lieutenant was
unwarranted. In view of the above, your application has been

denied. The names and votes of the members of the panel wili be
furnished upon request.

Tt 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 PPREITEF
Executive D

  
 

Enclosure

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