DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 11359-10
29 Aug 11
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 Use 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 29 August
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, reguiations and policies. In addition, the Board considered
the advisory opinions furnished by CMC memo 1040 MMEA of 7 Jun 11 and
CMC memo 1050 MPO of 26 Jul 11, copies of which are attached.
The Board member’s also considered your request for a personal
appearance, however, they found that the issues in the case were
adequately documented and that a personal appearance would not
materially add to the Board’s understanding of the issues involved.
Thus, your request for a personal appearance has been denied.
after careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was jnsufficient 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, your request for a
waiver of the recoupment of the unearned portion of the Selective
Reenlistment Bonus (SRB), and authorization to sell back 41 days of
accrued leave, has been denied. The Board did not address the request
for an upgrade to the Characterization of your discharge as this
should properly be directed to the Naval Discharge and Review Board |
(NDRB). NDRB must review discharges which are less than fifteen years
old. The names and votes of the members of the panel will be furnished
upon request.
’ Docket No. 11359-1060
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 also 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 PF
Executive Die
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