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NAVY | BCNR | CY2014 | NR5109 14
Original file (NR5109 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24980

HD

Docket No: NR5109-14
19 March 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

19 March 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,
regulations and policies. In addition, the Board considered the
advisory opinions furnished by the Navy Personnel Commanc dated

5 and 10 December 2014, copies of which are attached. The Board also
considered your letter date@ 13 February 2015 with enclosure.

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
opinions. The Board found that the favorable result of your Board
of Inquiry did not make it erroneous or unjust that the contested
documentation was entered in your record. Since the Board found
insufficient basis to remove any of the documents at issue, it had
mo grounds to remove your failure of selection by the Fiscal Year
15 Staff Commander Selection Board. 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.
Per your request, a copy of reference (a) to the advisory opinion
dated 10 December 2014 is attached.

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 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.

Sincerely,

ROBERT J. O'NETLL
Executive Director

Enclosure

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