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Decision Text

NAVY | BCNR | CY2014 | NR3281 14
Original file (NR3281 14.pdf) Auto-classification: Denied
NEVY

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DEPARTMENT OF TH

non DOP CORBET ON OT bi
701 S. COURTHOUSE RD SUITE 1001

ARLINGTON VA 22204-2490

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BAN
Docket No.NRO3281-14
17 November 2014

This is in reference to your application for correction to your naval
record pursuant to the provisions of 10 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 13
November 2014. Your allegations of error and injustice were reviewed
jn 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. The Board also
considered the advisory opinion furnished by the Navy Personnel
Command {NPC} ltr 5730 Ser 91/187 of 24 Sept 2014, a copy of which was
provided to your attorney on 7 October 2014, and is being provided to

you now.

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
counsel would not materially add to the Board's understanding of the

igsues involved. Thus, your request for a personal appearance has
been denied.

After careful and conscientious consideration of the entire

record, the Board found that the evidence submitted was insufficient
to establigh the existence of probable material error or injustice.
In making this determination, the Board concurred with the comments
contained in the advisory opinion. Accordingly, your application has
been denied. The names and votes of the members of the panel will be

furnished upon request.

It ig 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 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
Docket No, NRO3261-14

In this regard, it is important to keep in mind that a4

this case. £
regularity attaches to all official records.

presumption of

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.

Sancerely,

   
   

ROBERT ‘J. ONEILL
Feecutive Director

Enclosure

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