DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 -
HD: hd
Docket No. 00496-09
22 December 2009
This is in reference to your application dated 15 January 2008,
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 10542-07, was denied on 19 June 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, reconsidered your case on
17 December 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 opinion furnished by the Office of
the Chief of Naval Operations dated 4 March 2009, 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.
The Board further noted the letter of 15 September 2008 from
Captain M. A. W--- did not verify that you met the waiver
requirement of presenting a professional, Military appearance.
In view of the above, the Board again voted to deny 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,
Lo Qea-ยง
W. DEAN PFE R
Executive Davetor
Enclosure
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