DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 $, GOURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No:NRO2075-14
16 April 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 7 April 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 {A/O) furnished by the Navy Personnel Command
(NPC} memo 1430 Ser 811/231 of 31 Jul 2013, a copy of which was
provided to you on 26 August 2013. Additionally, the Board
considered the letter sent to you on 26 August 2013 notifying
you that your casé was disapproved since you failed to provide
the requested evaluation to establish a performance mark
average.
On 13 February 2014, you requested a reconsideration of your
case and submitted additional information. Your case was
reopened on 7 April 2014, and the Board considered your new
information along with another A/O from NPC memo 1430 Ser
813/094 of 21 Mar 2014, a copy of which is provided. However,
you still failed to present the required evaluation for the
period in question (16 March 2010 to 26 October 2010).
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 or injustice. In making this determination, the Board
substantially concurred with the comments contained in the
second advisory opinion. Therefore, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Docket No.NRO2075-14
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 also 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, tthe burden is on the applicant to
‘demonstrate the existence of probable material error or
injustice.
Sincerely,
Rymak SF
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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