DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
AD: hd
Docket No. 02096-09
22 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. You requested removing the
civil action report dated 16 April 2004,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 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 22 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 advisory opinion. Notwithstanding the
statement, in the letter from the commanding officer who issued
the contested report, that it was sent in error to the Bureau of
Naval Personnel, the Board was unable to find any error in its
having been filed in your record. 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,
F
Executive D or
Bnclosure
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