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NAVY | BCNR | CY2010 | 10711-10
Original file (10711-10.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. 10711~10
13 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. You requested, in effect, that the service
record page 13 (“Administrative Remarks”) entry dated 20 February
2002 and the enlisted performance evaluation reports for 16 June 2001
to 15 February 2002 and 16 February to 15 June 2002 be removed, or
that the statements you say you submitted in reply to these documents
be added to your record.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 13
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 and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinions furnished by the Navy Personnel Command dated
26 and 27 October 2010, copies of which are attached. The Board also
considered your letter dated 5 December 2010.

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.
The Board particularly noted that you provided no copies of the
statements you say you submitted, but are not in your record.
Accordingly, 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,

L) Weare

W. DEAN PFE
Executive Direc

Enclosures

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