DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 3966-10
13 Oct 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 12 October 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 naval
record and applicable statutes, regulations and policies.
In addition, the Board considered the advisory opinion
furnished by the Headquarters Marine Corps, letter 1741
MMSR-4 of 28 May 2010, a copy of which is attached.
The Board also considered your request for a personal
appearance, however found that the issues in the case were
adequately documented and that a personal appearance would
not materially add to the Board’s understanding of the
issues involved. Thus, your request for a personal
appearance has been denied.
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 no error or injustice in
the records that show that you were properly transferred to
Docket: 3966-10
the Temporary Disability Retired List after 17 years, 8
months and 4 days of active service. The Board found no
cause to credit you with the additional time you requested
which you did not serve.’ 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,
b) Maan’
W. DEAN P E
Executive Director
‘The Board also noted that you have applied for a correction to
your record for an error that allegedly occurred more than eleven
years ago. Under the rules governing the Board, an application
for a correction of a naval record must be made within three
years after the discovery of the alleged error. Failure to file
within the prescribed three years may be excused only in cases
where the Board finds that it is in the interests of justice to
do so. The Board found that it is not in the interests of
justice to excuse the three year time limit in your particular
case. You neglected to assert your claim for an inordinately
long period of time without justification. You have provided no
evidence as to why you did not seek to have the alleged error
corrected earlier.
i)
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