DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX,
WASHINGTON DC 20370-5100
uSR
Docket No: 07282-09
3 September 2009
This is in reference to your application for correction of your
maval 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 3 September 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, the Board’s file on your previous case (docket
number 00989-08}, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion from Headquarters Marine Corps dated 5 August
2009 and the memorandum for the record dated 10 August 2009,
copies of which are attached, and your letter dated 31 August
2009 with enclosures.
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 in
concluding that your lieutenant colonel date of rank and
effective date should not be adjusted to reflect selection by
@ither the Fiscal Year (FY) 2008 Lieutenant Colonel Selection
Board, as you requested, or FY 2009. 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,
Lp Deoscapfe
W. DEAN PFE
Executive Dilrec
Enclosure
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This is in naval reco United Sta You requeste May 2006 ar Year (FY) 40 DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 7414-08 4 September 2008 reference to your application for correction of your d pursuant to the provisions of title 10 of the es Code, section 1552. d removal of the fitness report for 6 April to 31 hd all documentation of your removal from the Fiscal 07 Lieutenant Colonel Promotion List; reinstatement to that...