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NAVY | BCNR | CY2009 | 10132-09
Original file (10132-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 10132-09
11 June 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.

It is noted that the Commandant of the Marine Corps (CMC) has
directed removal of the contested fitness report for 27 September
2006 to 5 February 206007.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 June 2010. The names and votes of the members
ef the panel will be furnished upon request. 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 Headquarters
Marine Corps, dated 30 November 2009, a copy of which is
attached. The Board aiso considered your counsel's rebuttal
letter dated 2 June 2010 with enclosures.

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 regard, the Board substantially
concurred with the comments contained in the advisory opinion.
Accordingly, your application for relief has been denied beyond
that effected by CMC. ,

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.
Fxecutive Dixacko

Enclosures

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