DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
—
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.
LCC
Docket No. 9756-09
10 Mar 10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session
considered your application on 8 March 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 advisory
opinion furnished by CNO memorandum 7220 Ser N130E2/09U0770 of 20 October 2009.
3
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 opinion. The Board cannot approve an entitlement that is not contained in the Joint
Federal Travel Regulations (JFTR) as entitlements are derived from the statute and promulgated
by the JFTR. The Board cannot authorize an entitlement that has not been authorized by the
Statute. 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.
Sincerely,
. Sars
W. DEAN PI
Executive Dir
Enclosure
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