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NAVY | BCNR | CY2009 | 04266-09
Original file (04266-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

JRE
Docket No. 04266-09
19 February 2010

 

- oe

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 19 February 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, your naval record and applicable statutes,
regulations and policies. .

after careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
sneufficient to establish the existence of probable material
error or injustice.

The Board found that as of the time of your transfer to the
Temporary Disability Retired List in 9 May 2006, you had
completed nineteen years of service that were qualifying for
retirement from the Navy Reserve. The Board was not persuaded
that you were entitled to remain in an active status until such
time ag you completed twenty years of qualifying service, or
‘that an injustice occurred as a result of your transfer to the
TDRL prior to attaining Reserve retirement eligibility.
Accordingly, 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 wpon 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,

Executive tor

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