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NAVY | BCNR | CY2009 | 01456-09
Original file (01456-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-51900

HD:hd
Docket No. 01456-09
14 January 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 14 January 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 and applicable statutes, regulations and
policies.. In addition, the Board considered the advisory
opinion furnished by the Navy Personnel Command dated 13 March
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 was unable to find any of the performance evaluation
reports at issue were in reprisal for protected communications
under the Military Whistleblower Protection Act, title 10,
United States Code, Section 1034. In view of the above, 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,

rane’

W. DEAN PF
Executive. D ‘oO

Enclosures

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