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NAVY | BCNR | CY2010 | 07470-10
Original file (07470-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 7470-10
17 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.

You requested that the service record page 11 (“Administrative
Remarks (1070)”) counseling entry dated 31 March 2010 be
removed and that your concealed weapons permit be returned by
your chain of command. Your request concerning your permit was
not considered, as the Board for Correction of Naval Records
has no authority to direct your command to return your permit.

A three-member panel of the Board, sitting in executive
session, considered your application on 16 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, your
naval record and applicable statutes, regulations and policies.
The Board also considered the advisory opinion from
Headquarters Marine Corps, dated 2 August 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 advisory opinion in concluding
the contested page 11 entry should stand. 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. DE
Executive Di

   

Enclosure

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