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NAVY | BCNR | CY2009 | 10472-09
Original file (10472-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 10472-0909
160 June 2010

 

This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

4 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, an advisory opinion
was furnished by CNO memo 7220 Ser N130C2/10U0346 of 16 April 2010,
regarding your case. You were provided a copy of the A/O and
submitted a response on 18 May 2010. The Board considered both the
A/O and your response in deciding your case.

However, 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. 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,

Lo ae ,
W. DEAN TREE
Executive DA tor

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