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NAVY | BCNR | CY2009 | 03711-09
Original file (03711-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

JSR
Docket No. 03711-09
1 October 2009

 

 
 

 

This is in reference to your letter dated 19 March 2009 with
enclosures, seeking reconsideration of your previous application
for correction of your naval record pursuant to the provisions
of title 10 of the United States Code, section 1552. Your

previous case, docket number 05981-08, was denied on 14 August
2008.

A three-member panel of the: Board for Correction of Naval
Records, sitting in executive session, reconsidered your case on
1 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
letter, together with ail material submitted in support. thereof,
the Board's file on your prior case, your naval record and
applicable statutes, regulations and policies. In addition, the.
Board considered the report of the Headquarters Marine Corps
Performance Evaluation Review Board (PERB), dated 30 July 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 report of the PERE.
Accordingly, the Board again voted to deny relief. 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,

\oN oad

W. DEAN PFE
Executive Dir

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