PEPAPTMENT OF THE NAVY
BOARD FOR GORREGTION OF NAVAL RECORDS
701 8. COURTHOUSE RD SUITE 1004
ARLINGTON VA 22204-2490
BAN
Docket No.NRO3463-14
6 November 2014
This is in reference to your application for correction of your
deceased spouse’s 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 5 November 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, his naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion (A/O) furnished by the Surviver Benefit Plan
Program Manager, Casualty Assistance (PERS-13) memo of 18 Jul
2014, a copy of which was provided to you on 11 Aug 2014, and is
being provided to you now. In addition, the Board reviewed and
considered your response to the A/O dated 29 August 2014.
However, 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
concurred with the comments contained in the A/O. Therefore,
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 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 this case. In this regard, it
Docket No. NROS460-14
is important to keep in mind that a presumplson ol LEQGularlty
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.
a - Sincerely,
; | ROBERT J. O'NETLL
- “i Executive Director
Enclosure
a i a in ie... _—E—E—EeEe Eee eee eee
NAVY | BCNR | CY2014 | NR8308 14
However, you allege that you did not receive a copy of the partially favorable advisory opinion (2/0), since you did not agree with the approval dates. As explained in the Board’s previous partial approval letter, a case may only be reconsidered upon submission of new and material evidence. On 14 July 2014, your reconsideration request was approved.
NAVY | BCNR | CY2014 | NR6429 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2014. 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. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
NAVY | BCNR | CY2014 | NR5583 14
B three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2014. New evidence is evidence not previously considered by the Board prior to making its decision in this case. Consequently, when applying fora correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2014 | NR10595 14
You requested modifying the fitness report for 16 July 2012 to 31 May 2013 by making section K (reviewing officer's marks and comments) “not observed.” You further requested removing your failure of selection by the Fiscal Year 2015 Major Selection Board. It is noted that the Commandant of the Marine Corps (CMC) has irected the requestea modification of the fitness report in R three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered...
NAVY | BCNR | CY2014 | NR3982 14
in addition, the Board considered the advisory opinion furnished by CNPC memo 1780 PERS-314 of 20 Aug 14, a copy of which is attached. This is an important feature of the law because the transferability Docket No. 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.
NAVY | BCNR | CY2013 | NR1007 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered the application on 12 May 2014. 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, his naval record and applicable statutes, reguiations and policies. - After careful and conscientious consideration of the entire record, the Board...
NAVY | BCNR | CY2014 | NR4428 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the ,existence of probable...
NAVY | BCNR | CY2014 | NR6830 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2014. The Board for Correction of Naval Records has also denied upgrading your discharge from General (Under Honorable Conditions) to Honorable. 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 .
NAVY | BCNR | CY2014 | NR3976 14
However, in light your highly decorated award (Silver Star), your case was presented to the Board out of respect for your exceptional service to our country. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2014, Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Accordingly, your application...
NAVY | BCNR | CY2014 | NR9959 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2014. New evidence is evidence not previously considered by the Board a>, prior to making its decision in this case. 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.