DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX HD:hd
WASHINGTON DC 20370-5100 Docket No. 03871-10
6 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.
A 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
21 May 2010, a copy of which is attached. The Board also considered
your letter dated 21 June 2010 with enclosures.
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 comment
contained in the advisory opinion. The Board was unable to find the
entry in block 9 (“Date Reported” } of the contested performance
evaluation report should have been 27 August 2007, rather than 4 May
2007. 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,
\oQus |
W. DEAN PFEI
Executive Di
Enclosure
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