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NAVY | BCNR | CY2010 | 09783-10
Original file (09783-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

HD: hd
Docket No. 09783-10
21 January 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

21 January 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 opinion furnished by the
Navy Personnel Command dated 28 September 2010, a copy of which is
attached. The Board also considered your letter dated 26 October
2010 with enclosures.

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
were held accountable for deficiencies for which you were not
responsible, nor could it find the contested fitness report was the
result of “political influence” or biased investigation. Finally,
the letter dated 2 August 2010 on your behalf from Rear Admiral K---,
United States Navy, Retired did not persuade the Board that the
contested fitness report was not a valid appraisal of your
performance. 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,

Wd saat

W. DEAN PF A
Executive ir

Enclosure

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