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NAVY | BCNR | CY2010 | 07018-10
Original file (07018-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 07018-10
14 Apral 2011

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. You requested that your naval record be
corrected by removing two years of commissioned service (February
2000 to February 2002), or removing four years of commissioned
service (August 1995 to February 2000), or removing 14 months of
commissioned service to allow you to be considered by the Fiscal Year
13 Navy Reserve Line Captain Selection Board.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 14 April
2011. 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 opinions furnished by the Navy Personnel Command dated
20 August 2010 and 14 March 2011, copies of which are attached. The
Board also considered your letter dated 6 February 2011 with
enclosures and the Memorandum for the Record dated 6 April 2011, a
copy of which is also attached. Finally, the Board considered its
decision in your previous case, docket number 9826-02.

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 dated 14 March 2011. The Board
found the basis for its action in your previous case, to remove your
failures of selection by the Fiscal Year 03 and 04 Naval Reserve Line

Commander Selection Boards, did not justify the relief you now
request. In view of the above, 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:décision upon submission of new and material evidence
or other mattex* not, previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of
regularity attachés 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,

lo Noa

W. DEAN PFEI
Executive Di

   

 

Enclosures

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