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NAVY | BCNR | CY2010 | 10720-10
Original file (10720-10.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. 10720-10
13 January 2011

 

This is in reference to your application dated 25 August 2010, seeking
reconsideration of your previous application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552 by removal of the fitness report for

1 February to 17 August 2006. Your previous case, docket number
02370-09, was denied on 8 October 2009.

You now request, as a first choice, modification of the report by
‘yaising the mark in block 42 (*Promotion Recommendation”) from
“Promotable” (third best of five possible marks) to “Early Promote”
(best); raising the trait mark average from 2.67 to 4.04; and
deleting, from block 41 (“Comments on Performance” ), “fyou]
exhibited a progressively downward trend in performance and
judgement throughout this reporting period. My confidence in [your]
pastoral leadership has eroded due to repeated poor judgement and
decision making coupled with violations of religious instructions
and perceived lack of moral attributes.” ang: “however, [you require]
oversight for decision making and personnel matters. As a second
choice, you again request completely removing the report.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, reconsidered your case 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 current
application, together with all material submitted in support
thereof, the Board’s file on your prior case, and applicable
statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by the Navy Personnel
Command dated 28 October 2010, a copy of whichis attached. The Board
also considered your letters dated 20 November 2010 and 28 November

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. Accordingly, the Board again
voted to deny relief. 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 inj ustice.

Sincerely,

Qu

W. DEAN PFE
Executive Dive

Enclosure

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