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NAVY | BCNR | CY2012 | 12237 12
Original file (12237 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

_ 701 S. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490

 

BAN
Docket No. 12237-12
11 February 2013

 

 

Dear

This is in reference to your application for correction of your
naval record pursuant te 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 11 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, your naval record and applicable statutes,
regulations and policies.

The Board notes that you have applied for a correction to your
record for an error that allegedly occurred more than 50 years
ago. Under the rules governing this Board, an application for a
correction of a naval record must be made within three years
after the discovery of the alleged error. Failure to file
within the prescribed three years may be excused only in cases
where the Board finds that it is in the interests of justice to
do so.

After careful and conscientious consideration of the entire
record, the Board determined that although there is insufficient
evidence of an error or injustice that would warrant any relief,
the Board found that it is in the interests of justice to excuse
the three year time limit in your particular case.

Therefore, documentary material considered by the Board
so ‘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 the Naval Personnel Command (NPC)
Docket No.212237-12

5420 Pers 312/06 of 17 January 2013, a copy of which is being
provided to you.

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. 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. ‘pean PFE
Executive D Yr
Enclosure

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