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NAVY | BCNR | CY2014 | NR2407 14
Original file (NR2407 14.pdf) Auto-classification: Denied
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ARTMENT CF THE NAVY

po i Ld
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1004

ARLINGTON VIRGINIA 22204-2480

 

BAN
Docket No .NRO2407-14

b August 2014

   

This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 Use 1552.

BR three-member panel of the Board for correction of Naval Records,
sitting in executive session, considered your application on 4 August
2014. Your allegations of error and injustice were reviewed in
accoraance with administrative yeguiations and procedures applicable
to the proceedings of this Board. Documentary material considered by
the Board congisted 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 the Waval Personnel Command (NPC)
memo 1439 Ser g12/0200 of 7 July 2014, a COPY of which is being

provided to you.

The Board also notes that you have applied for 4 correction to your
record for an error that allegedly occurred more than 25 years ago-
Under the rules governing this Board, an application for a correction
of a naval record must be made within three years after the discovery
of the alleged error. Failure to file within the prescribed three
years may be excused only in cases where the poard finds that it is in

Although you neglected to assert your claim for .an inordinately jong
period of time without justification and you provided no evidence as
to why you did not seek to have the alleged error corrected earlier,
the Board stiil decided to review your case. 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 this
eonnection, the Board concurred with the comments contained in che
advisory opinion. accordingly, your application has been denied. The
names and votes of the members of the panel wilt be furnished upon

It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitied te have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In chis
regard, it is also important to keep in mind that 4 presumption of
regularity attaches to all official records. Consequently, when
applying for a eorrection of an official naval recora, the burden is
on the applicant to demonstrate the existence of probable material

error or injustice.

“Te : Sa

ROBERT D. ZGALMAN
Acting Executive Director

Enclosure

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