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NAVY | BCNR | CY2009 | 00919-09
Original file (00919-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100 .

RDZ: ecb
Docket No. 00919-09
23 Tune 2009

 

 

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 17 June 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary evidence 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 and a
decision of the Navy Discharge Review Board (NDRB), copies of
which are enclosed.

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
and conclusions of law and fact set out in the NDRB decision.
More specifically the Board could find no error or injustice in
the issuance of your discharge or the assignment of your

reenlistment code. To the contrary based on your disciplinary

record of serious and frequent acts of misconduct the Board
concluded that both your discharge and reenlistment code were
legally proper and fair and should not be changed now as a
matter of clemency.

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,

~ (ys

|
* ofl
W. DEAN BNE Ee

Bxecutive D

   

Enclosure

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