DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
HD : hd
Docket No. 01486-10
5 August 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 removing the civil action report dated 7 January 2009
and related documents. You also impliedly requested removing your
failures of selection by the Fiscal Year 10 and 11 Line Lieutenant
Commander Selection Boards and setting aside action to effect your
discharge on 1 February 2011 by reason of the failures of selection
for promotion.
R three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 5 August
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 opinion furnished by the Navy Personnel Command dated
31 March 2010, a copy of which ig attached. The Board also considered
your e-mail dated 7 July 2010 with attachments.
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 Board noted that a state
court order of expungement is not binding on the Federal Government.
Since the Board found no defect in your record considered by the FY
10 or 11 Line Lieutenant Commander Selection Board, it had no basis
to remove either of your failures of selection for promotion or set
aside action to effect your discharge. 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 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,
Ld ould
W. DEAN PFE
Executive D Cc
Enclosure
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