DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 5373-10
14 March 2011
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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 14 March 2011. 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 1811
MMSR-2 of 16 June 2010, a copy of which is attached and was
previously furnished to you through counsel.
The Board also considered your request for a personal
appearance, however it 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. In the Board's view, the evidence
Docket: 5373-10
sufficiently shows that you were properly transferred to
the retired list on 1 January 2005 in accordance with your
specific request. 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,
roe W. DEAN none
Executive Director
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