DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7872-00
21 June 2001
| amano.
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 20 June 2001. 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 comments of
the legal officer of your ship, 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.
The Board found that you reenlisted in the Navy on 19 February
1998 after more than 15 years of prior active service. Your
record reflects that you received nonjudicial punishment (NJP)
sometime between March and September 1999 for insubordinate
conduct towards a non-commissioned officer and failure to obey a
lawful order. The punishment imposed is not contained in the
records.
The Board noted your contentions but found them insufficient to
Warrant the removal of the NJP. In this regard, the Board
believed the comments of the legal officer of the ship. The
Board presumed that the commanding officer acted reasonably in
concluding that you committed the foregoing offenses, and noted
that he was in the best position to resolve the factual issues
and impose the appropriate amount of punishment.
The Board also noted your performance of duties prior to and
subsequent to the NJP, but found that it was insufficient to
warrant the deletion of established misconduct from your record.
In this regard, the Board concluded that such action would be
unfair to your peers against whom you will compete for promotions
and assignments.
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
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