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NAVY | BCNR | CY2009 | 11527-09
Original file (11527-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

_ JSR
Docket No: 11527-09
18 March 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 that your lieutenant colonel date of rank be
adjusted from 11 February 2005 to 11 November 2005.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 March 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 opinion from Headquarters Marine Corps dated 7 January
2010, a copy of which is attached.

After car@Eul 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
and noted your statement that “It is [your] professional belief
that there was no error or injustice on [your] behalf.”
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,

W. DEAN PFHRIF
Executive rettlo

Enclosure

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