DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. 08146-12
1 March 2013
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
28 February 2013. 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 considered the advisory opinions furnished by the Navy
Personnel Command dated 11 September and 19 October 2012, copies of
which are attached.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient te
establish the existence of probable material error or injustice. In
this connection, the Board substantially concurred with the advisory
opinion dated 11 September 2012. Absent verification from the
reporting senior, the Board was unable to find the document to which
the contested fitness report referred as an “LOI” (letter of
instruction) was actually the undated nonpunitive letter of caution
you provided with your application. Since the Board found no defect
in your fitness report record, it had no grounds to recommend any
relief regarding your failure of selection by the Fiscal Year 13
Medical Corps Captain Selection Board. In view of the above, 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 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 Nouns
W. DEAN PFEIBKF
Executive Dikec
Enclosure
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