DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 00379-11
16 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 14 March
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 Naval Personnel Command (NPC) memo
1430 Ser 811/088 of 23 Feb 11, copy of which is attached.
After careful and conscientious consideration of the entire record, a
majority of 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. Additionally, the
Board found that the delay in asserting your claim regarding your
nonjudicial punishment of November 2000, militated against granting
any relief. 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,
Who,
W. DEAN PFEIRRE
Executive Director
Enclosure
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