DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 05088-10
28 July 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 27 July
2010. Your allegations of error and injustice were’ reviewed in
accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary evidence
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, from Headquarters Marine
Corps dated 28 April 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. The Board did not consider
whether your discharge should be upgraded due to the fact that since
your discharge is less than 15 years old you must first apply to the
Navy Discharge Review Board (NDRB). Enclosed is a DD Form 293 that
should be used to apply to NDRB. In the event that NDRB denies your
application you would then be eligible to apply to this Board.
Accordingly, your application has been denied. The names and votes
of the members of the panel will be furnished upon request. ,
we
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 OF injustice.
Sincerely,
W. DEAN
Executive Di
Enciosure
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