DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
LCC
Docket No. 374-11
19 Sep 11
qua
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
aA three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
19 September 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, regulations and policies. In addition, the Board
considered the advisory opinion furnished by NPC letter, 5420 PERS-91
of 27 June 2011, a copy of which is attached.
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. In addition, NPC Policy was issued
31 December 2009 from the Legal Office NPC stating that the “summer
cruises” were not creditable time toward retirement. 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 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,
So Doan
W. DEAN PFEL
Executive Dinecter
Enclosure
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