DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No. 10880-10
3 February 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
3 February 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, the Board's
file on your previous case, docket number 08590-07, and applicable
statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by the Navy Personnel
Command dated 29 October 2010, a copy of which is attached, and your
letter dated 29 November 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 comments
contained in the advisory opinion. Further, the Board noted that
Bureau of Naval Personnel Instruction 1610.10, enclosure C2) ay
paragraph D-6(d) permitted submission of a fitness report upon
transfer to the Temporary Disability Retired List when “the reporting
senior wishes to make the performance a matter of record.” 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 PPEI ]
Executive Di
Enclosure
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