DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Lecce
Docket No. 6670-11
12 Sep 11
Qe
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
12 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, your naval record and
applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by NPC letter, 5420 PERS -
911, of 15 July 2011, a copy of which is attached.
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.
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 substantialiy concurred with the comments
contained in the advisory opinion. in particular, the Board
determined that your 14 August 2007 letter in which you requested
‘resignation of your commission” was a request to resign your
commission entirely and was not a request to retain your commission in
the Individual Ready Reserve (IRR). 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 aiso important to keep in mind that a presumption of
Docket No. 6670-11
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,
Executive D
Enclosure
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