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NAVY | BCNR | CY2010 | 05488-10
Original file (05488-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WJH
Docket: 5488-10
7 Sep 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 7 September 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 Headquarters Marine Corps letter 1800 MMSR-5
of 21 June 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 found that the policies
governing the opportunities to earn retirement points
towards a satisfactory year were widely available. The
Board was not persuaded that your FBI supervisors prevented
you from earning additional points. Moreover, you did not
perform any service or earn any points in excess of that
already reflected on your Retirement Credit Record. The
Board found that under these circumstances, making a change
to your Retirement Credit Record retroactive to 2004 and
Docket: 5488-10

2005 is inappropriate. 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,

  
 
 

W. DEAN PFEIF
Executive Dir

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