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NAVY | BCNR | CY2010 | 12223-10
Original file (12223-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
D:hd

ARLINGTON, VA 22204-2490
Docket No. 12223-10
19 January 2012

 

 

Dear ‘lila

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, in effect, setting aside your reduction from AC2 (pay
grade E-5) to AC3 (pay grade E-4), imposed as a result of the vacation,
on 26 May 1983, of the suspended reduction awarded at your nonjudicial
punishment (NUP) proceedings of 21 April 1983; and setting aside your

reduction from AC3 to ACAN (pay grade E-3), awarded at your NUP of
26 May 1983.

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

19 January 2012. 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, regulations and policies. In
addition, the Board considered the advisory opinion furnished by the
Navy Personnel Command dated 20 September 2011 with reference (a),
a copy of which is attached. The Board also considered your letter
dated 7 November 2011.

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, 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 PFEI
Executive Di

Enclosure

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