DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
+ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1101-09
. 12 March 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 11 March 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 all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies. In addition, the Board considered the letter
furnished by Headquarters Marine Corps (HQMC) dated 30 April
2008, 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 HOQMC letter. In
addition, the Board noted that it has no authority to disturb the
findings or sentence of a court-martial based on claims of legal
error. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Tt 1s 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 1S 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,
Executive
Enclosure
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