DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

LCC
Docket No. 807-07
19 Apr 07

This is in reference to your application for correction of your 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 17 April 2007. 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 NPC letter, 1000 PERS312D1/07, 28 March 2007, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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 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 also 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

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1000
PERS-3l2Dl/07
28 Mar 07

From:	Commander, Navy Personnel Command
To:	Executive Director, Board for Correction of Naval Records
Via:	Assistant, Board for Correction of Naval Records (Pers-31C)

Subj:	ADVISORY OPINION ICO

Ref:	(a) BCNR Docket Number 00807-07

1.	It is our opinion that reference (a) be disapproved. The member’s service record does not support the fact that the   was the home of record at the time he reported for active duty on 12 December 2001. His record shows Los Angeles, CA as the home of record, and that he established residence in the United States in Los Angeles, Ca on 24 September 1995.

By direction