R
701 §. COURTHOUSE ROAD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NR09215-13
11 August 2014
This is in reference to your application for correction of your naval
record pursuant to 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 August
2014. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures applicable to
the proceedings of thig 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 carefully considered the
advisory opinion provided by the Staff Judge Advocate at the U.S. Naval
Academy dated 5 Mar 2014, a Copy of which was provided to your counsel,
with enclosures, and which is now enclosed. Your counsel had the
opportunity to respond, but failed to do so.
Additionally, you also requested a personal appearance before the Board.
The Board members considered your request for a personal appearance,
however, they found that the issue in the case was adequately documented
and that a personal appearance with or without coungel wouid not
materially add to the Board’s understanding of the issues involved.
Thus, your request for a personal appearance has been denied.
Your application requested, essentially, that your education debt from
the U.S. Naval Academy be waived or eliminated. The Board carefully
considered all of the arguments raised in your application and the
evidence your counsel suomitted regarding your claims. However, the
Board was not persuaded by any of the arguments of counsel .
Therefore, 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 oF injustice. In
Making this determination, the Board concurred with the comments and
recommendation contained in the advisory opinion of the Staff Judge
advocate of the Naval Academy. Therefore, your application has been
Docket No.NROG2Z15-13
denied. The names and votes of the memoers of the panel will be
furnished upon request.
It is regretted that the circumstances of your case are such that more
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submigsion of new and material evidence or
other matters not previously considered by the Board. in this regard, it
is also important to keep in mind that a presumption of reguiarily
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,
TA dk “SS. x
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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