DEPARTMENT OF THE NAVY
			 BOARD FOR CORRECTION OF NAVAL RECORDS
				  2 NAVY ANNEX
					           WASHINGTON DC 20370-5100 
											SMW
						Docket No: 5329-06
											16 October 2006

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 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 12 October 2006. 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, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps Performance Evaluation Review Branch, a copy of which is attached.

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 his regard, the Board substantially 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 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 and material evidence or other matter not previously considered by the Board. 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,

W. DEAN PFEIFFER
Executive Director

Enclosure
(1) Advisory Opinion

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
						WASHINGTON DC 20370-51 00

AEG: jdh
Docket No. 05329-06
20 June 2006

	Reference is made to your Application for Correction  (DD Form 149).

The records in your case were referred to the appropriate of office for an advisory opinion. The opinion has been received and is enclosed for your information. The opinion is advisory only and not binding upon the Board or the Secretary of the Navy.

If you wish to submit any further statement or additional documentary material in support of your application, YOU should do so within 30 days period, your case will be decided on the evidence of record as a crowded docket will permit.  

Sincerely

ALAN E. GOLDSMITH
Head, Discharge Section

Enclosure