DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 8968-09
16 Nov 09
Dear #@
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 16
November 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 advisory opinion furnished by CNRC memo 1133 Ser 32/ O£
25. Sep 09, a copy of which is attached.
After careful and conscienticus 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 opinion. Your claim for advancement. to
paygrade E-3 based on DEP referrals was not substantiated. You stated
you referred four non-nuclear applicants (all currently on active
duty). Three of the applicants were contacted and confirmed they had
been recruited by the same MEPS/Recruiting Station (Navy Recruiting
District Richmond), and same recruiter as you. This however, does not
confirm that they were referrals of yours, and NRD Richmond was unable
to locate any documentation that would support your claim.
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.
Decket No. 8968-09
In this regard, it is also 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,
doef
Executive Dilrac
Enclosure
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