& DEPARTMENT OF THE NAVY |
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 07731-09
7 May 2010
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 7 May 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, your naval record, and applicable statutes, regulations,
and policies. In addition, the Board considered the advisory
opinion furnished by Headquarters Marine Corps, dated 22 July
2009, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. In this regard, the Board substantially concurred
with the comments contained in the advisory opinion.
Additionally, you were assigned the most favorable reenlistment
code based on your circumstances. Be advised that such a code
May not prohibit reenlistment, but requires that a waiver be
obtained from recruiting personnel who are responsible for
determining whether you meet the requirements for reenlistment.
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,
lo Nand
\
W. DEAN PFEIF
Executive Dir
Enclosure
bo
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