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NAVY | BCNR | CY2009 | 00036-09
Original file (00036-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 00036-09
3 August 2009

 

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 3 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 ail material
submitted in support thereof, the naval record and applicable
statutes, regulations and policies. In addition, the Board considered
the advisory opinions furnished by NPC memo 1430 Ser 811/423 of 29 Jun

09 and NPC memo 5420 Pers-3C of 21 Jul 09, copies of which are
attached.

After careful and conscientious consideration of the entire record, a
majority of 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 opinions. 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 previously considered by the Board. 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,

\LoDuRn

W. DEAN PF
Executive rector

Enclosure

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