DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 1346-09
8 June 2010
This is in reference to your application for correction of
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 June 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 opinion
furnished by Headquarters Marine Corps letter 1070 MMSB-13
of 28 April 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 agreed with MMSB-13 that under
the governing statute, 37 US Code Section 205, your correct
Pay Entry Base Date is 14 February 1992. The Board found
there was no error or injustice in the Pay Entry Base Date
that is assigned to you. Accordingly, your application has
been denied. The names and votes of the members of the
panel will be furnished upon request.
~vucket: 1346-09
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
also 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 injuptice:.
Sincerely,
tre
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