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NAVY | BCNR | CY2010 | 02984-10
Original file (02984-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WJH
Docket: 2984-10
7 Sep 2010

 

This is in reference to your application for correction of
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 7 September 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 Headquarters Marine Corps letter 1800 MMSR-5
of 26 May 2010, a copy of which is attached. In that
letter, MMSR-5 advises that they have administratively
resolved the portion of your request by crediting you with
points for your service during Officer Candidate’s School.
The following comments pertain to the remainder of your
request.

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 found there was no evidence to
support your claim that you were unaware, in 1994, of your
drill opportunities. Moreover, you did not perform any
service in excess of that already reflected on your
Docket: 2984-10

Retirement Credit Record. The Board found that under these
circumstances, making a change to your Retirement Credit
Record retroactive to 1994 is inappropriate. 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. 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,

Lo! .
W. DEAN PFE
Executive D

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