DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 06448-10
3 September 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
2 September 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 application,
together with all material submitted in support thereof and
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion furnished by the Navy Personnel
Command dated 23 July 2010 with attached e-mail, a copy of which is
attached. The Board also considered your letter dated 19 August 2010
with enclosure.
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 concluding that the contested
fitness report for 1 August to 30 November 2009 should stand, however,
the Board did not accept the recommendation to remove the report for
1 May to 30 November 2009, as you did not request this and it would
not be remedial. 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 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 PFEI
Executive Diradat
Enclosure
NAVY | BCNR | CY2010 | 03625-10
Your request for investigation of the reporting Senior's actions was not considered, as the Board for Correction of Naval Records is not an investigative body. A three-member panel of the Board, sitting in executive session, considered your application on 22 April 2010. The Board also considered the NPC e-mail dated 3 September 2009 with attachment (DD Form 214), a copy of which is attached, and your letters dated 20 August 2009 with enclosures, 30 October 2009 and 2 February 2010.
NAVY | BCNR | CY2009 | 08416-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2010. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 9 September 2009, a copy of which is attached. 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.
NAVY | BCNR | CY2010 | 02535-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 September 2010. In this connection, the Board substantially concurred with the comments contained in the advisory opinion, but noted PRIMS reflects no BCA conducted on 8 May 2009 (it shows you were medically waived from the BCA conducted on 15 October 2009). Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2009 | 11523-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2010. In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 2 December 2009 and 30 March 2010 with attachments and the Memorandum for the Record dated 29 June 2010, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2009 | 09981-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. Documentary material considered by the Board consisted ef your application, together with all material submitted in support thereof and applicable statutes, regulations and policies. 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.
NAVY | BCNR | CY2009 | 07385-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2010. In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 28 August and 15 September 2009, copies of which are attached. 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.
NAVY | BCNR | CY2010 | 08895-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof and applicable statutes, regulations and policies. 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...
NAVY | BCNR | CY2009 | 06382-09
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. 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. Since the Board found insufficient basis ‘to remove those documents, it had no grounds to...
NAVY | BCNR | CY2011 | 04046-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 05864-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof and applicable statutes, regulations and policies. 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.