DEPARTMENT OF THE NAVY
"BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9383-09
9 April 2010
This is in reference to your letter dated 21 August 2009 “with
enclosures, seeking reconsideration of your previous
application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552,
Your previous case, docket number 2030-09, was denied on 9
April 2009.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 April 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, and the Board’s file on
your prior case. In addition, the Board considered the report
of the Headquarters Marine Corps Performance Evaluation Review
Board (PERB), dated 28 December 2009, a copy of which is
attached. The Board also considered your rebuttal letter dated
7 January 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
report of the PERB. Accordingly, the Board again voted to deny
relief. 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.
- Sincerely,
Enclosure
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