DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 04025-10
6 August 2010
This is in reference to your counsel’s letter dated March 23, 2010,
requesting reconsideration of your previous application for
correction of your naval record pursuant to the provisions of title
10 of the United States Code, section 1552. Your previous case,
docket number 07328-08, was denied on 2 October 2008.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, reconsidered your case 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 counsel’s letter of March
23, 2010 and ali material submitted in support thereof, including
your counsel‘’s letter of April 30, 2010; the Board's file on your
prior case; and applicable statutes, reguiations and policies. In
addition, the Board considered the advisory opinion furnished by the
Navy Personnel Command dated 1 June 2010, a copy of which is attached.
The Board also considered your counsel’s letter dated July 6, 2010
with your declaration,
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. Since the Board found
insufficient basis to remove the contested fitness report, it had
no grounds to remove the fitness report extension of 3 June 2008
associated with it. In view of the above, the Board again voted to
deny relief. 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,
\
W. DEAN
Executive D
Enclosure
Copy to:
Mr. Tully Rinckey
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