Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 04624-09
Original file (04624-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

LCC

Docket No. 4624-09
28 Sep 09

 

This is in referencé 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.

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.
Prior to 25 August 2008, reserve members mobilized with a frequency
beyond rotation policy goals were issued orders under 10 USC 12301D.
On 25 August 2008, NAVADMIN 235/08 was published announcing that all
reserve members thereafter mobilized in support of GWOT assignments
would be issued orders under 10 USC 12302. NAVADMIN 235/08 was
prospective in nature. It applied only to reserve members mobilized
in support of GWOT assignments on or after 25 August 2008. PERS 461
has advised that you were issued mobilization orders under 10 USC
12301D prior to 25 August 2008 in keeping with the policy that was in
effect at that time. The Board finds that there was no “error” or
“injustice” in the type of mobilization orders you were provided
because they were issued in accordance with the policies in effect at
the time they were issued. Accordingly, no change to the record is
warranted and your request is 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
Docket No. 4624-09

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 PF
Executive D tor

Similar Decisions

  • NAVY | BCNR | CY2009 | 04621-09

    Original file (04621-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be issued orders under 10 USC 12302. 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.

  • NAVY | BCNR | CY2009 | 04613-09

    Original file (04613-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be issued orders under 10 USC 12302. 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.

  • NAVY | BCNR | CY2009 | 04663-09

    Original file (04663-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be issued orders under 10 USC 12302. 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.

  • NAVY | BCNR | CY2009 | 04654-09

    Original file (04654-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be issued orders under 10 USC 12302. 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.

  • NAVY | BCNR | CY2009 | 04666-09

    Original file (04666-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be issued orders under 10 USC 12302. 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...

  • NAVY | BCNR | CY2009 | 04616-09

    Original file (04616-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence.

  • NAVY | BCNR | CY2009 | 04610-09

    Original file (04610-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be issued orders under 10 USC 12302. 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.

  • NAVY | BCNR | CY2009 | 04669-09

    Original file (04669-09.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable etatutes, regulations and policies. The Board finds that there was no “error” or © ‘injustice’ in the type of mobilization orders you were provided because they were issued in accordance with the policies in effect at. Consequently, when applying for a correction of an official naval record, .the burden is on the applicant to...

  • NAVY | BCNR | CY2009 | 04605-09

    Original file (04605-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 September 2009. 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. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be...

  • NAVY | BCNR | CY2009 | 04606-09

    Original file (04606-09.pdf) Auto-classification: Denied

    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. On 25 August 2008, NAVADMIN 235/08 was published announcing that all reserve members thereafter mobilized in support of GWOT assignments would be issued orders under 10 USC 12302. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...