DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 05829-09
16 March 2010
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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 that you be reinstated to the Navy Nurse Corps
Anesthesia Program (NNCAP); that your Semester 5 paper be
regraded by an. impartial third party and your overall Semester 5
grade be changed to reflect the newly graded paper; that all
adverse documentation relating to this matter be removed from
your record, to include the fitness report for 1 February to 27
September 2008; that your obligated service end in September
2013; and that the letters. submitted to the Council on
Certification of Nurse Anesthetists on 30 June and 26 August
2008 be rescinded.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 March 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 Director, NNCAP, Navy Medicine
Manpower, Personnel Training and Education Command dated 11
December 2009 with enclosures, a copy of which is attached less
enclosures. The Board also considered your counsel's letter
dated 2 February 2010 with attachments.
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 Board was unable to find you were innocent of the
allegations on which your removal from the NNCAP was based. In
view of the above, 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,
(O Deane :
W. DEAN PFEIF
Executive r
Enclosure
Copy to:
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