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NAVY | BCNR | CY2009 | 05011-09
Original file (05011-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

HD:hd
Docket No. 05011-09
“22 February 2010

 

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 and applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinion furnished by the Navy Personnel Command dated 9 June
2009, 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.
The reporting senior's letter dated 2 June 2008, nearly four
years after the pertinent reporting period, did not convince the
Board that the contested adverse original fitness report was
unwarranted. In view of the above, your application has been
denied. The names and votes of the members of the panel will be
furnished wpon request.
Although the Board voted not to enter in your record the
supplemental report for the period in question, you may submit
that report and the reporting senior's letter to future
selection boards.

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.

é nsequently, 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,
\pQoatse

W. DEAN R

Executive D Actor

Enclosure

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