DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ORS
Docket No: 8771-09
26 February 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.
® three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 February 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 comments
furnished by Headquarters Marine Corps (HOMC) letter dated 15
July 2009, a copy of which is attached.
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 HOMC letter.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board did not consider whether your characterization of
service or reason for separation should be changed, since you did
not request such consideration and you have not exhausted your
administrative remedies by applying to the Naval Discharge Review
Board (NDRB). You may do so by submitting the attached DD Form
293 to the NDRB.
Tt is regretted that the circumetances of your case are such that
favorable action cannot be taken. You are entitied 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,
ROBERT D., LMAN
Acting Executive Director
Enclosures
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NAVY | BCNR | CY2009 | 06382-09
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. 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. Since the Board found insufficient basis ‘to remove those documents, it had no grounds to...
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NAVY | BCNR | CY2009 | 09583-09
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The Board also considered a COPY of your fitness report for 15 January to 2 October 2010, whose removal was directed by the HOMC Performance Evaluation Review Board, and the HOMC e-mail dated 21 November 2014 (the basis for the PERB action), a COPY of which is also attached. New evidence is evidence not previously considered by the Board prior to making its decision in this case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2010 | 11189-10
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