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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ‘
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .-
HD: hd
Docket No. 00034-09
30 April 2009
This is in reference to your letter dated 3 March 2009, seeking
reconsideration of your previous application for correction of
your naval record pursuant to the provisions of title 10 of the
United States Code, section 1552. Your previous case, docket
number 05706-08, was denied on 23 October 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, reconsidered your case on
30 April 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
letter, together with all material submitted in support thereof,
the Board's file on your prior case, your naval record and
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinions furnished by the Navy
Personnel Command dated 9 February and 25 March 2009, copies of
which are attached. The Board also considered your letters
dated 9 and 13 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 this connection, the Board substantially
concurred with the advisory opinions, except to note you have
had only one prior request and disapproval, not two. Once
again, the Board found the authorities you cited did not compel
the Navy to award you entry grade credit for your prior
commissioned service. In view of the above, the Board again
relief. 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 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,
NS
W. DEAN PHREI R
Executive reactor
Enclosure
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