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Decision Text

NAVY | BCNR | CY2013 | NR5131 13
Original file (NR5131 13.pdf) Auto-classification: Denied
DTMe TAE THE NAVY

come

PPEOCTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 100%

ARLINGTON VA 22204-2490

 

BAN
Docket No.NR05131-13
22 September 2014

This is in reference to your application for correction to your naval
record pursuant to the provisions of 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 18
September 2014. 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 also
considered the advisory opinion furnished by Navy Personnel Command
Office of Legal Counsel (PERS-00J) of 21 February 2014, a copy of
which was provided to your counsel and is being provided to you now.
Additionally, the Board considered your counsel's response to the
advisory opinion dated 25 August 2014.

However, 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 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 evidence within one
year from the date of the Board's decision. New evidence is evidence
not previously considered by the Board prior to making its decision in
this case. In this regard, it is also important to keep in mind that
a presumption of regularity attaches to all official records.

 

1 whe Board did note the error in the advisory opinion which refers to paragraph 11(b)
of enclosure (6) to reference (ob), which is the Secretary of the Navy Instruction
(SECNAVINST) 1920.6C. The correct enclosure was (8) vice (6), “Boara of Inquiry
Procedures", dated 15 December 2005. However, the change in enclosure number did not
alter the facts in the advisory opinion for the Retirement Grade Determination.
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COV IMAM SL

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ROBERT J. ONETLL
Executive Director

Enclosure

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