DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9879-09
29 January 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.
You requested setting aside action to effect your involuntary
retirement on 1 October 2009.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 January 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 opinions from Headquarters Marine Corps dated 16
October 2009 with enclosures, 30 October 2009 and 5 November
2009, copies of which are attached, and your undated reply to
advisory opinion.
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 opinions.
The Board was unable to find you should not have been among
those officers selected for early retirement. Finally, the
Board found the President’s action of 10 September 2009,
extending the waiver of end strength ceilings from 6 February to
10 September 2010, did not invalidate the decision to conduct
the selection board in question to prepare for the eventual
expiration of the waiver. In view of the above, 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,
W. DEAN PFEHIF
Executive racko
Enclosure
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