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NAVY | BCNR | CY2009 | 06792-09
Original file (06792-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

JSR
Docket No: 6792-09
B&B October 2009

 

 

Dea till

 

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

You requested, in effect, removing your failure of selection by
the Fiscal Year 2009 Reserve Major Selection Board (your second
failure of selection) and setting aside your.discharge from the
Marine Corps Reserve on 1 November 2008 by reason of having
twice failed of selection to major.

A three-member panel of the Board for Correction of Naval |
Records, sitting in executive session, considered your
application on 8 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 opinions from Headquarters Marine Corps dated 17 and 31 |

July 2009, each with enclosures, copies of which are 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 opinions.
Recordingly, your application hag 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 PFE
“Executive Di r

Enclosure

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