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NAVY | BCNR | CY2013 | NR9175 13
Original file (NR9175 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

 

TIR
Docket No: 9175-13
15 July 2014

 

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 15 July 2014. 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 ail
Material submitted in support thereof, your naval record and
applicable statutes, regulations, and policies. In addition, the
Board considered the advisory opinions furnished by Headquarters
Marine Corps, copies of which are attached; and the documentation
provided as a rebuttal to the advisory opinions.

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. The Board substantially concurred with the
comments contained in the advisory opinions. Further, the Board
concluded that sufficient evidence existed to support your
commanding officer's decision to impose nonjudicial punishment
and that removal of it from your record would be unfair to your
peers, against whom you will compete for promotions and
assignments. 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,
ee YD, neues

ROBERT D. ZSALMAN
Acting Executive Director

 

* Enclosures ~ 5

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