DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No, 05813-11
8 August 2011
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, considered your
application on 8 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, your naval record and applicable statutes,
regulations and policies. The Board: considered the advisory
opinion furnished by Headquarters Marine Corps (HQMC) memo 1070
JAM2 of 21 Jul 11, a copy of which is attached. In addition, we
have attached a copy of your request for separation in lieu of a
trial by court-martial of 20 Oct 10.
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 making this determination, the Board
substantially concurred with the comments contained in the
advisory opinion. The Board members also considered your
request for a personal appearance; however, they found that the
issues in the case were adequately documented and that a
personal appearance would not materially add to the Board's
understanding of the issues involved. Thus, your request for a
personal appearance has been denied. 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 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,
)
W. DEAN PFEIF
Executive Diréot
Enclosures
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