DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 3610-10
8 Nov 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 8 November 2010. Your allegations of error
and injustice were reviewed in accordance with the
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 deceased
husband’s naval record and applicable statutes, regulations
and policies. In addition, the Board considered the
advisory opinion furnished by the Navy Personnel Command
letter 5730 PERS 912 of 15 Jun 2010, 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. Although he was notified of his
eligibility, there is no evidence that your deceased
husband applied for retired pay when he was first eligible
in 2007. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
Docket: 3610-10
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,
Denk
W. DEAN Stab
Executive Dx
to
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