DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
@ NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 09167-10
18 November 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
18 November 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 7 October 2010, a copy of whichis attached. The Board
also considered your letter dated 28 October 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 advisory
opinion. The Board noted that the reporting senior’s endorsement
of 22 April 2010 on your statement of 1 April 2010 acknowledged the
change in policy regarding long-term absence of commanding officers,
but maintained that the contested fitness report was valid. 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 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,
Executive D
Enclosure
NAVY | BCNR | CY2010 | 11189-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 November 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
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You requested, in effect, that the fitness report for 2 June to 12 August 2009 be modified, in accordance with the reporting senior’s (RS’s) letter dated 16 April 2010 and the reviewing officer's (RO’s) letter dated 20 April 2010, by raising the marks in sections D.1 (“Performance”), F.1 (“Leading Subordinates”) and F.3 (“Setting the Example”) from “D” (fourth best of seven possible marks) to “E” (third best) and section G.1 (“Professional Military Education”) from "C” (fifth best) fo...
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