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NAVY | BCNR | CY2009 | 11523-09
Original file (11523-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD : hd
Docket No. 11523-09
7 duly 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, in effect, removal of all documentation of or relating
to your detachment for cause (DFC) approved on 11 July 2008, removal
of the fitness report for 22 September 2007 to 13 May 2008 and
modification of the report for 14 May to 25 June 2008 by removing
the adverse comment from block 41 (“Comments on Performance”).

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 1 July
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 and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinions furnished by the Navy Personnel Command dated

2 December 2009 and 30 March 2010 with attachments and the Memorandum
for the Record dated 29 June 2010, copies of which are attached.
The Board also considered your letter dated 8 January 2009 (sic)
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 connection, the Board was unable to find your DFC for
unsatisfactory performance of duty over an extended period was
unwarranted. The Board substantially concurred with the advisory
opinion dated 2 December 2009 in finding the contested fitness report
for 22 September 2007 to 13 May 2008 should stand. Concerning the
report for 14 May to 25 June 2008, the Board concurred with the
advisory opinion dated 2 December 2009 in concluding that this “not
observed” report should not include the adverse information that your
detachment was “due to substandard performance over an extended
period of time.” However, since the Board found the DFC
documentation reflecting the same adverse information was properly
to be filed in your record, the Board concluded its inclusion in your
detachment fitness report was a harmless error. 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 ali 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,

 

Enclosures

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