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NAVY | BCNR | CY2009 | 05057-09
Original file (05057-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

JSR
Docket No: 5057-09
30 July 2009

 

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.

You requested removing your failure of selection by the Fiscal
Year (FY) 2010 Major Selection Board. You also requested
consideration by a special selection board for the FY 2010 Major
Selection Board. "

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
Yegulations 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 from Headquarters Marine Corps dated 4 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 advisory opinion in concluding that you have

not shown it took longer than it should have for your completion
of Expeditionary Warfare School (RWS) to be reflected in records
available to the FY 2010 Major Selection Board; and that you
should have begun EWS sooner, to ensure completion in time to
have it reflected in records available to the promotion board.
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,

Wang!

Executive D r

Enclosure

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