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NAVY | BCNR | CY2009 | 03726-09
Original file (03726-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100 .

 

TJR
Docket No: 3726-09
4 August 2009

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 4 August 2009. The names and votes of the
members of the panel will be furnished upon request. 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, your naval record and
applicable statutes, regulations, and policies. In addition, the
Board considered the advisory opinion furnished by the Marine

Corps Performance Evaluation Review Branch (MMER/RE), 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 regard, the Board substantially
concurred with the comments contained in the advisory opinion.
Accordingly, your application has been denied.

The Board noted that you are entitled to submit the attached
Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States {DD Form 293) to the Naval
Council of Personnel Boards, attention: Naval Discharge Review
Board, 720 Kennon Street, S. E., Room 309, Washington Navy Yard,

Washington, DC 20374-5023 for consideration of an upgrade of your
discharge.

 

Tt ig 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,

W. DEAN PFET

Fxecutive Direct

Enclosures

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