DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 :
JSR
Docket No: 3987-09
11 June 2016
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 11 June 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 15 March
2010 with enclosures, 30 March and 2 April 2010, copies of which
are 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 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,
Enclosure
NAVY | BCNR | CY2009 | 07684-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 10102-09
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. 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.
NAVY | BCNR | CY2009 | 09766-09
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. 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.
NAVY | BCNR | CY2009 | 05851-09
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. ‘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.
NAVY | BCNR | CY2009 | 09879-09
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. 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.
NAVY | BCNR | CY2009 | 04758-09
A three-member panel of the Board for Correction of Naval. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable atatutes, regulations and policies. 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.
NAVY | BCNR | CY2009 | 13280-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2011. In light of the e-mail dated 20 December 2010, the Board was unable to find an adverse version of the fitness report for 1 June 2006 to 30 June 2007 was in your record considered by the FY 2009 Major Selection Board. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2010 | 03625-10
Your request for investigation of the reporting Senior's actions was not considered, as the Board for Correction of Naval Records is not an investigative body. A three-member panel of the Board, sitting in executive session, considered your application on 22 April 2010. The Board also considered the NPC e-mail dated 3 September 2009 with attachment (DD Form 214), a copy of which is attached, and your letters dated 20 August 2009 with enclosures, 30 October 2009 and 2 February 2010.
NAVY | BCNR | CY2009 | 10729-09
* 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 found that you offered nothing new and material regarding your transfer to the FMCR except your contention, in paragraph 5 of your letter dated 24 June 2009, that you submitted a request, never received by the HOMC. Consequently, when applying for a correction of...
NAVY | BCNR | CY2009 | 10904-09
° A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2010. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 12 November 2009, a copy of which is attached. 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.