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NAVY | BCNR | CY2011 | 00581-11
Original file (00581-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD: ha
Docket No. 00581-11
22 September 2011

 

 

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.

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

22 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 and
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinions furnished by the Navy
Personnel Command dated 3 February and 1 March 2011, copies of which
are 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 opinions. The Board duly noted your
successful completion of alcohol treatment, the recommendation of
your board of inquiry that you be retained, and the statement from
your reporting senior recommending removal of the contested fitness
report and letter of reprimand on the basis of his belief that you
have overcame your alcohol problem. However, these matters did not
persuade the Board that the contested documents should not remain
in your record. Since the Board found insufficient basis to remove
the contested fitness report, it had no grounds for amending the
fitness report extension dated 22 January 2010 to reflect the fitness
report for 1 February to 17 December 2009. In view of the above,
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,

Ld Doe? '
W. DEAN alike
et

Executive Di

Enclosures

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