DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket: 1997-11
1 Aug 2011
This is in reference to your application for correction of
your deceased husband's naval record pursuant to the
provisions of 10 USC 1552.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 August 2011. Your allegations of error and
injustice were reviewed in accordance with the
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 husband's
naval record and applicable statutes, regulations and
policies. In addition, the Board considered the attached
advisory opinion furnished by the Navy Personnel Command
letter 1430 Ser 811/227 of 26 Apr 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. There is no evidence that your husband
requested advancement on the retired list. And in light of
his record of misconduct, there is insufficient evidence
that he should have been advanced. 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
Docket: 1997-11
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 Woon
W. DEAN P
I
Executive Dikector
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