DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 92051-09
22 October 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 22 October 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, applicable statutes, regulations and policies.
In addition, the Board, considered the advisory opinions
furnished by the Office of the Chief of Naval Operations with
enclosures dated 18 June 2009 and the Navy Personnel Command
dated 26 June 2009, copies of which are attached. The Board
also considered your letter dated 18 September 2009.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of prebable material
error or injustice. In this connection, the Board substantially
concurred with the comments contained in the advisory opinions.
The Board was unable to find you should have been medically
waived from any of the three physical readiness tests you failed
{June and November 2004 and September 2005). 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,
Loar
W. DEAN P F
Executive Diret
Enclosures
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS , 2 NAVY ANNEX WASHINGTON DC 20370-5100 HD: hd Docket No. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 2 February 2009, a copy of which is attached. 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.