DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9523-10
10 March 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, in effect, that your naval record be corrected to
show you were promoted to first lieutenant with a date of rank
and effective date of 22 December 2002 and that you were
subsequently promoted in due course to captain.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 March 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. In addition, the Board considered the
advisory opinions from Headquarters Marine Corps dated 18
November 2010 and 3 January 2011, copies of which are attached,
and your letter dated 15 February 2011.
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 18 November 2010.
The Board observed that your case was not resolved at the
conclusion of your civil proceedings, as administrative
separation proceedings were to be initiated. The Board was
unable to find fault with your lawyer’s having advised you to
resign to avoid administrative separation proceedings. Finally,
the Board found that your having been assigned an honorable
discharge from active duty on 15 September 2005 was not
inconsistent with initiating administrative separation
proceedings at the conclusion of your civil proceedings in April
2009.
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,
W. DEAN PFEIFFER
Executive Director
Enclosure
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