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NAVY | BCNR | CY2009 | 04640-09
Original file (04640-09.pdf) Auto-classification: Denied
D

 

EPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DG 20370-5100

Lee
Docket No. 4640-09
28 Sep 09

 

 

Dear

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 sessi
28 September 2009. Your a

on, considered your application on
llegations of error and injustice. were

reviewed in accordance with administrative regulations and procedures

applicable to the proceedi

ngs of this Board. Documentary material

considered by the Board consisted of your application, together with

all material submitted in
applicable statutes, regul

support thereof, your naval record and
ations and policies.

After careful and conscientious consideration of the entire record,

the Board found that the e
establish the existence of

vidence submitted was insufficient to
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, NAVADMI

N 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
12301D prior to 25 August
effect at that time. The

issued mobilization orders under 10 USC
2008 in keeping with the policy that was in
Board finds 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. 4640-09

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.

IQ...

a DEAN PRENWE

Executive Di

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