DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No. 06011-11
7 February 2012
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 7
February 2012. 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 (A/O) furnished by Office of the Chief of Naval
Operations of 5 December 2011, a copy of which is attached, and your
attorney's response to the A/O of 27 December 2011.
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 A/O. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Additionally, the Board noted your request for you or your attorney to
be present before the Board. Please be advised that hearings before
the Board are not granted as a matter of right. Hearings are granted
when the Board determines there is some indication of error or
injustice and that a hearing will serve a useful purpose. Therefore,
the Board concluded a personal hearing was not warranted in your case.
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,
LD ooo
W. DEAN BK
Executive Di
Enclosure
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