DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
TAL
Docket No: 8469-09
25 June 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.
You requested reconsideration of your previous case, docket
number 10453-08, for retirement: in pay grade 0-6, Colonel. This
request was not considered since you did not provide any new or
material evidence. .You also requested removal of the Commanding
Officer, Headquarters Battalion, 4™ Marine Division letter of
10 April 1997.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 June 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
d consisted of
Board. Documentary material considered by the Boar
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
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. You stated in part that, the last two sentences of
the letter were derogatory and impugned your character. The
Board was unable to find that the statements were derogatory and
he letter was required
required your rebuttal. The Board found t
to explain why you were retired from your Commanding Officer’s
perspective.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your many years of honorable service. Nevertheless, the Board
concluded these factors were not sufficient to warrant removing
the contested document from your record. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
ted that the circumstances of your case are such that
Tt is regret
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,
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