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NAVY | BCNR | CY2009 | 03038-09
Original file (03038-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY _
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5106

 

HD: hd
Docket No. 03038-09
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.

Tt is noted that the Chief of Naval Operations (OPNAV Ni35) has
corrected the Physical Readiness Information Management System
data concerning the Cycle 1 2008 physical readiness test as you
requested, and that your Official Military Personnel File
reflects no related service record page 13 ("Administrative
Remarks") entry. ,

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 arid applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinions furnished by the Office of the Chief of Naval
Operations, dated 20 May. 2009 with attachment and 19 August
2009, and the Navy Personnel Command dated 23 June 2009, copies
of which are 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
dated 19 August 2009. 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. .

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,

by Woo

W. DEAN PFE

meee Di

 
  

Enclosures

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