DEPARTMENT OF THE NAVY
‘BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:jdh
Docket No: 07343-09
19 November 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary evidence 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 10 July,
2009, a copy of which is attached.
After careful and conscientious consideration of the entire
record, and notwithstanding the advisory opinion, 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 did not consider
whether or not your discharge should be upgraded since you must
first apply to the Navy Discharge Review Board (NDRB). Enclosed
is a DD Form 293, that you should use to apply to NDRB
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,
Enclosure
DD Form 293
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