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NAVY | BCNR | CY2009 | 04840-08
Original file (04840-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

Docket No: 4840-08
21 October 2009

 

 

This is in reference to your application for correction of your |
naval record pursuant to the provisions of title 10 of Ee United
States: Code, section 1552. :

A three- member panel of the Board LOE Correction of Naval.
Records, sitting in executive session, considered your a
application. on 21 October 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 Headquarters Marine Corps dated 28 July
2008, a copy of which is attached.

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 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 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 PFEIRF
Executive Dikector

 

Enclosure

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