DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 13167-09
25 February 2010
aah e
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 25 February 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Docunientary 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 gonsidered the advisory
opinion furnished by the Navy Personnel Command dated 20 January
2010, a copy of which ig attached. The Board also considered
your letters dated 15 and 17 February 2010.
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.
Concerning your objection that the contested fitness report did
not mention your diagnosed medical condition, the Board noted .
you mentioned that jn your statement to the report dated
20 April 2007, which does not appear in your record with the
report at issue. T£ you want your statement filed, you may
submit it to the Navy Personnel Command (PERS-32), via the
reporting senior, with an explanation for submission over two
years after the end of the reporting period. The Board duly
noted the evidence you submitted to show the medical condition
was later corrected, but found this did not invalidate the
report in question. 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
gythe 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,
IRD Fm
ROBERT D> ZSALMAN
Acting Executive Director
Enclosure
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