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NAVY | BCNR | CY2009 | 02834-09
Original file (02834-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 02834-09
28 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.

It is noted that the Chief of Naval Operations (OPNAV N135) has
corrected the date of the physical readiness test for Cycle 2
2007, as you requested, from i0 May 2007 to 24 October 2007.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 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 Office of the Chief of Naval Operations —

dated 19 May 2009 with attachment, 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.
Accordingly, your application for relief beyond that effected by
OPNAV N135 has been denied. The names and votes of the members

of the panel will be furnished upon request.
OPNAV N135 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,

Wo dood

W. DEAN P
Executive xr or

Enclosure

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