DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 8294-10
26 October 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 23 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 your request for a personal
appearance, however it found that the issues in the case
were adequately documented and that a personal appearance
would not materially add to the Board’s understanding of
the issues involved. Thus, your request for a personal
appearance has been denied.
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 particular, the Board found
no error or injustice in the prior determination that you
had “not served satisfactorily” in the grade of Rear
Admiral (lower half) (0-7) and/or the prior decision to
approve your retirement in the grade of Captain (0-6).
Accordingly, on 7 October 2010, the Board forwarded the
enclosed recommendation to the Assistant General Counsel
Docket: 8294-10
(Manpower and Reserve Affairs) recommending that no relief
be granted.
On 15 October 2010, the Assistant General Counsel (Manpower
and Reserve Affairs) acting as the designated
representative of the Secretary of the Navy, approved the
Board’s recommendation thereby denying your request for a
higher retired grade. Accordingly, your application has
been denied.
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,
Enclosure
bho
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