DEPARTMENT OF THE NAVY
Docket No: NR2990-14
12 February 2015
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
12 February 2015. 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 and
applicable statutes, ~eguiations and policies. In addition, the
Boareé considered she advisory opinions furnished by the Navy
Personnel Commanc (NPC) dated 25 July, +9 August and 10 Octoper 2014,
copies of which are attached. The Board also considered your
counsel's letter dated 13 January 2015.
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 connection, the Board substantially concurred with the advisory
opinion dated 10 October 2014, and disagreed with the advisory
opinion dated 25 July 2014, which recommended removing the contested
matter of interest documentation. In this regard, the Board
particularly noted that because no supplemental fitness report has
been submitted since submission of the original fitness report for
the period concerned, 1 May to 23 September 2010, removing the matter
of interest documentation would result in a record that does not
document the matter at all. The Board noted that you may ask NPC
to address your concerns regarding the sequence of the documents at
issue and duplication of documents. Since the Board found
insufficient basis to remove the documentation at issue, it had no
grounds to remove either of your failures of selection by the Fiscal
Year 14 and 15 Line Captain Selection Boards. In view of the above,
your application has been denied. The names and votes of the members
of the panel will be furnished upon request.
tt is regretied &
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new evidence within one
year from the date of the Board’s decision. New evidence is evidence
not previously considered by the Board prior to making its decision
in this case. 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.
ROBERT J. O’
Executive Director
Enclosure
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