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NAVY | BCNR | CY2010 | 07978-10
Original file (07978-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 7978-10
29 April 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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 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, your naval record and applicable
statutes, regulations and policies. dn addition, the Board
considered the advisory opinion from Headquarters Marine Corps
dated 14 March 2010 (sic), 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 was unable to find you should not
have received a service record page 11 counseling entry for
failing to advise your battery commander promptly of another
Marine’s loss of a missing component of a service rifle. 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 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 a1] offieial
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

injvuetice.

Sincerely,

W. DEAN PFE

Executive Divector

 

 

Enclosure

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