DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 HD:hd
Docket No. 03902-09
23 July 2009
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 July 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 application, together with all material submitted in
support thereof, applicable statutes, regulations and policies.
In addition, the Board considered the advisory opinions
furnished by the Navy Personnel Command dated 8 and 21 May 2009,
copies of which are attached. The Board also considered your
letter dated 20 June 2009.
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 comnection, the Board substantially
concurred with the comments contained in the advisory opinions.
The Board was unable to find the officer who provided the
reporting senior input for the contested fitness report was
biased against you. The Board found that officer's
decertification as a lawyer did not invalidate whatever input
that officer provided for the report in question. Since the
Board found insufficient basis to correct your fitness report
record, it had no grounds to grant you a special selection board
for the Piscal Year 2006 Staff Commander Selection Board. 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,
anak
W. DEAN PFE
Executive Dil 7%
Enclosures
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