DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490
HPD
Docket No. NR1829-13
29 March 2013
Dear@l
‘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 March 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 opinion furnished by the Navy Personnel Command dated
19 March 2013, a copy of which is attached. The Board also considered
the SECOND ENDORSEMENT dated 26 March 2013 on your letter of
15 October 2012 and your letter dated 26 March 2013.
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 substantially concurred with the advisory
opinion. Since the Board found insufficient basis to remove the
contested documentation, it had no grounds to remove your failure
of selection by the Fiscal Year 2013 Line Lieutenant Commander
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 ig 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,
(RD
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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