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NAVY | BCNR | CY2009 | 01251-09
Original file (01251-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG

WASHINGTON DC 20370-5100 Docket No: 1251-09
20 May 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 12 May 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 an advisory
opinion furnished by the Navy Personnel Command, a copy of which
is 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.

Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

2.

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,
RD » ft 5

ROBERT DM ZSALMAN
Acting Executive Director

Enclocure
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000
7220

PERS-823
02 April 09

 

 

 

 

MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-31C)

 

 

 

 

Subj: COMMENTS AND RECOMMENDATION ICO FORM!

 

 

Ref: (a) BCNR MEMORANDUM 5420 PERS-31C of 11 March 2009

1. Per reference (a), A review of i. request and

service record was conducted. It was found that “qi is
receiving full retired pay benefits based on all his active duty

military service. MME bas 20 years active duty with a
service percentage multiplier of 21 years 6 months. 

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