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NAVY | BCNR | CY2013 | NR9459 13
Original file (NR9459 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BC
Decket No: 09459-13
22 May 2014

 

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 21 May 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. In addition, the Board considered
the advisory opinion furnished by Headquarters Marine Corps,
dated 11 December 2013, a copy of which is enclosed. Finally,

the Board considered your counsel’s rebuttal letter dated 4
April 2014.

After careful and conscientious consideration of the entire
record, the Board found 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 opinions. 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 his 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,

Te

‘ | ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

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