DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD : hd
Docket No. 03293-11
21 July 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. You requested, in effect, removal of
decumentation of your detachment for cause. You also impliedly
requested removing documentation of your removal from the Fiscal Year
(F¥) 10 Line Lieutenant Commander Promotion List and reinstatement
to that list.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 21 July
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 opinion furnished by the Navy Personnel Command dated 9 May
2011, a copy of which is attached. The Board also considered your
undated letter.
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. The Board found that if it is
correct that the inspection found no deficiency in the Damage Control
Division, this did not absolve you of responsibility for that
division's inability to align the ballast system that led to the
flooding of the forward portion of the well deck. The Board was
unable to find the officers involved in effecting your detachment
for cause were insufficiently familiar with your performance. 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,
Enclosure
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