DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 08525-0939
14 January 2011
This ig 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 correction of your record to show
that you were not released from active duty on 15 May 2009.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 13
January 2011. 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 enclosed advisory opinions furnished by
Commandant of the Marine Corps dated 20 April and 18 October 2010.
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. The Board was not persuaded that
you were released from active duty in error, that you were in need
of emergent medical care at that time, or that you were unfit to
reasonably perform the duties of your office, grade, rank or rating
by reason of physical disability. 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.
F Sincerely,
W. DEAN PPERF
Executive Dire r
et 5,
Enclosure
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