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NAVY | BCNR | CY2013 | NR1852-13
Original file (NR1852-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

TAL
Docket No: 1852-13
12 July 2013

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 10 July 2013. The names and votes of the members
of the panel will be furnished upon request. 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
Headquarters Marine Corps, a copy of which is attached.

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 regard, the Board substantially
concurred with the comments contained in the advisory opinion.
The Board noted the Naval Criminal Investigative Service
requested that the Federal Bureau of Investigation update the
National Crime Information Center database to reflect that your
nonjudicial punishment was a disciplinary action, not a criminal
proceeding or conviction. Accordingly, your application has
been denied.
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,

\S Dew

W. DEAN PFEILHKFE
Executive Dir

Enclosure

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