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NAVY | BCNR | CY2009 | 10956-09
Original file (10956-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100

 

HD: hd
Docket No. 10956-0939
18 June 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.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 17 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, the Board's file on your
prior cage (docket number 10192-07) and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinions furnished by the Navy Personnel Command dated

17 November and 11 December 2009 and 11 January 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.

Notwithstanding the recommendation, in the advisory opinion dated
11 December 2009, to remove the contested service record page 13
(“Administrative Remarks”) entry dated 15 November 2004, the Board
found this entry should stand. The Board noted the advisory opinion
did not specify in what respect this entry was not completed in
accordance with Bureau of Naval Personnel Instruction 1430.16F.
Further, the Board found nothing in the decision in your previous
case, which directed your retroactive advancement to CTRC, that
invalidated the page 13 entry.

The Board concurred with the advisory opinion dated 11 January 2010
in finding the contested performance evaluation report should stand
as well. The Board did not agree with the recommendation to remove,
from block 43, “Member’s advancement recommendation for CPO [chief
petty officer] is removed,” as the Board found nothing in the previous
decision that invalidated that comment.

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,

Ww. A
Executive Ditettor

Enclosures

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