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NAVY | BCNR | CY2011 | 06563 11
Original file (06563 11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

BAN
Docket No. 06563-11
18 October 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

18 October 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 the Office of the Judge
Advocate General (OJAG) memo 1000 Ser 20/532 of 16 Jun 2012, a copy of
which has already been provided to you. You were given an opportunity
to respond to the A/O, in which you did so on 23 Aug 2012.

Therefore, 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 reviewed your response and
your record, but substantially concurred with the comments contained
in the advisory opinion. 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,

TT eck Dred ——

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

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