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NAVY | BCNR | CY2011 | 05737-11
Original file (05737-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
HD:hd

Docket No. 05737-11
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 congiderad the advisory opinion furnished by the Navy Personnel
Command dated 27 dune 2011, a copy of which is attached. The Board
also considered your letter dated 26 August 2011 with enclosure.

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. fn
this connection, the Board substantially concurred with the comments
contained in the advisory opinion. Your “chronological
documentation” did not persuade the Board that you had a personality
conflict with an officer who was not the reporting senior who
submitted the contested fitness report, or that such conflict
influenced the report. The Board was unable to find that block 9
(“Date Reported”) of the contested report was inaccurate. In view
of the above, your application has been denied. The names and votes
of the members of the panel wiil 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
ig on the applicant to demonstrate the existence of probable material

error or injustice.

Sincerely,

Ly) oa Sep

W. DEAN PFRIDFF
Executive Diredéror

Enclosure

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