DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 11960-10
1 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 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, his naval record and applicable statutes,
regulations and policies. The Board considered the advisory
opinion furnished by Naval Personnel Command (NPC) memo 1430 Ser
811/638 of 3 Dec 10, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the majority found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice and concurred with the advisory opinion. In
the majority’s view, your application lacked sufficient evidence
that you received inaccurate information from your Education
Service Officer. Additionally, you did not sufficiently explain
the lapse in time between the September 2009 cycle and your
application which was not received until November 2010. One
member of the panel, voting in the minority, recommended relief
based primarily on the endorsement from your command.
Therefore, by a vote of 2-1, 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 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,
ly
W. DEAN PF
Executive Director
Enclosure
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