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NAVY | BCNR | CY2008 | 12295-08
Original file (12295-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
CRS

Docket No: 12295-08
6 August 2009"

 

   

pie maser ae oman

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 5 August 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 Headquarters Marine Corps dated 18 December
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
concurred with the comments contained in the advisory opinion.
Accordingly, your application has been denied. The names anc .
votes of the members of the panel will be furnished upon request.

The Board @id not consider whether your characterization of
service or reason for separation should be changed, since you
have not exhausted your administrative remedies by applying to
the Naval Discharge Review Board {NDRB). You may do so by
submitting the attached DD Form 293 to the NDRB,

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,
RK
W. DEAN PFEL
Executive Di

  
  

 

 

Enclosures

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