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NAVY | BCNR | CY2011 | 05100-11
Original file (05100-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

Z NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 05100-11.
5 August 2011

 

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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 4 August
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

24 May 2011, a copy of which is attached. The Board also considered
your letter Gated 21 June 2011 with attachment .

 

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 was unable to find that
your request for and receipt of mental health services was the basis
for the contested fitness report, noting that the report makes no
express mention of medical issue. Further, the Board observed that
you provided no statement from competent medical authority to the
effect that your diagnosed adjustment disorder contributed to the
deficiencies cited in the report at issues. Finally, the Board was
unable to find you were not counseled about perceived deficiencies,
noting that counseling takes many forms, s0 the recipient may not
recognize it as such when it is provided. 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,

Wout

W. DEAN PF
Executive ctor

Enclosure

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