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NAVY | BCNR | CY2010 | 00769-10
Original file (00769-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No. 00769-10
22 March 2010

 

‘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 22 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. The Board considered the advisory
opinion furnished by HQOMC memo 1070 MMSB-13 of 4 Mar 2010, a
copy of which is attached.

Appropriate administrative corrections have been already been
made to your official military personnel file to add your
awards. In addition, after careful and conscientious
consideration of the entire record regarding your request for a
change to your DD Form 214 to show your discharge as Corporal
vice Lance Corporal, the Board found that the evidence submitted
was insufficient to establish the existence of probable material
error or injustice. Accordingly, that part of your request for
correction 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. 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,

(acs

W. DEAN "PF
Executive tor

Enclosure

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