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NAVY | BCNR | CY2010 | 10996-10
Original file (10996-10.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. 10996-10
28 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 removing the enlisted performance evaluation report
for 16 March 2009 to 5 February 2010. You further requested
correcting your home of record and adjusting your leave balance.

The Navy Personnel Command (NPC) has administratively corrected your
home of record. Your request to adjust your leave balance was not
considered, as it may be submitted to the Defense Finance and
Accounting Service.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

26 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 NPC dated
26 and 28 October 2010, copies of which are attached. The Board also
considered your letter dated 4 January 2011 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 dated 28 October 2010. The Board
was unable to find you were asked to obey an unlawful order. In view

ae
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,

Lo un

W. DEAN PFE
Executive Di

 
  
 

 

 

Enclosures

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