DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lee
Docket No. 3031-11
24 (Oct. 11
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, congidered your application on
24 October 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 CNO memorandum 7220 Ser
N130C/11U0338 of 26 April 2011, a copy of which is attached.
The Board notes that you have applied for a correction to your record
for an error that allegedly occurred more than 16 years ago. Under
the rules governing this Board, an application for a correction of a
naval record must be made within three years after the discovery of
the alleged error. Failure to file within the prescribed three years
may be excused only in cases where the Board finds that it is in the
interests of justice to do so.
after careful and conscientious consideration of the entire record,
the Board found that 4t is not in the interests of justice to excuse
the three year time limit in your particular case. It appears that
you neglected to assert your claim for an inordinately long period of
time without sufficient justification. You have provided no
compelling evidence as to why you did not seek to have the alleged
error corrected earlier. an applicant must bear the burden of his/her
own inaction.
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.
Docket No. 3031-11
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,
\s
W. DEAN P
Executive Di
Enclosure
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