DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 04407-0909
28 September 2009
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
28 September 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, your naval record and
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by the Deputy Director
Casualty Assistance Division (N135C) of 12 Aug 09, a copy of which is
attached.
After careful and conscientious consideration of the entire record, a
majority of 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. 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 upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is also 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,
Wen Phy
W. DEAN PFEIRFRR
Executive Direc
Enclosure
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