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NAVY | BCNR | CY2009 | 12842-09
Original file (12842-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

MEH
Docket No. 12842-09
1 Mar 10 :

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 1 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 furnished by CNRC memo 1133 Ser 32/ of 3 Feb 10,
a copy of which is 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. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion. The criteria set forth in
COMNAVCRUITCOMINST 1130.8H, Chapter 3, Section 7, Page 3, authorize
enlistment in paygrade E-2 for one Delayed Entry Program (DEP)
referral who subsequently accesses into the Nuclear Field; or two
(non-Nuclear) referrals. You referred one applicant who enlisted for
the GSE rating and was later reclassified as a Navy Diver. Since he
did not access into the Nuclear Field you do not meet the established
criteria for enlistment in paygrade E-2 based on DEP referrals.
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 also important to keep in mind that a presumption of
regularity attaches to all official records.
Docket No. 12842-0909

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 PFET
Executive Di

Enclosure

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