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NAVY | BCNR | CY2009 | 08643-09
Original file (08643-09.pdf) Auto-classification: Denied
F-
DEPARTMENT OF THE NAVY
‘BOARD FOR CORRECTION GF NAVAL RECORDS
2 NAVY ANNEX -
WASHINGTON DC 20370-5100

 

BJG
Docket No: 8643-09
23 October 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 22 October 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, your naval record and applicable
statutes, regulations and policies. In addition, the Board |
considered the report of the Headquarters Marine Corps
Performance Evaluation Review Board (PERB), dated 13 August
2009, a copy of which is attached. The Board also considered
your undated rebuttal letter 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
report of the PERB. Accordingly, your application has been
denied. The names and votes of the members of the panel will
be furnished upon request,

SS
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. Consequentiy, 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,

Yeas

W. DEAN PF
Executive Dr r

ws
Ss,

Enclosure

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