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NAVY | BCNR | CY2009 | 00592-09
Original file (00592-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR-CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC ;
Docket No: 0592-09
8 April 2010

 

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 7 April 2010. 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
opinions (AO) furnished by Headquarters Marine Corps, a copy of
which are attached. However, the Board noted that it would not
be in your best interests to change your pay grade to E-1 on your
DD Form 214 (Certificate of Release from Active Duty or
Discharge} which was apparently an administrative error.

Bfter careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
In this regard, the Board substantially concurred with the
comments contained in the AO’s. 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 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,

 

Enclosures

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