DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON. D.C. 203704100
HD:hd
Docket No: 00994-98
12 April 1999
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 8 April 1999. 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by the Bureau of Naval Personnel dated 23 March 1998, 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 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
important to keep in mind that a presumption of regularity attaches to all official records.
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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
BUREAU OF NAVAL PERSONNEL
WASHINGTON. D.C. 20370-5000
IN REPLY REFER
23 Mar 98
TO
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (PERS-00X)
NTS AND REC
THE CASE OF LIEUTENANT
Ref: (a) Naval Military Personnel Manua
l
-
1.
In accordance with reference (a), Article
3410100,
.
reckless driving convictions are permanently filed in th
official records of officers
2.
This is a matter of policy
impediment to bar such findings
bears upon an officer
an officer may become part of his official service record
UCMJ Article 111 provides that persons convicted of drunk o
reckless driving may receive a punitive discharge
’s overall qualification or fitness a
, however there is no lega
. Generally
,
conduct whic
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h
s
.
a
e
r
f
.
In light of the above
3.
reckless driving, whether
plea bargain from DUI
and may be filed in an officer
, a civilian criminal conviction o
“wet”, “dry” or as a result of
, may be analogous to the UCMJ offens
.
’s service record
Head , Officer Performance Branc
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