DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 3649-02
11 September 2002
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 4 September 2002.
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.
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 enlisted in the Naval Reserve on 29 July
1994.
nonjudicial punishment (NJP) for an unauthorized absence of two
days.
absence of a day.
restriction and extra duty for ten days.
NJP on 27 June 1996 for offenses against or by a sentinel.
punishment imposed consisted of a forfeiture of $200 and
restriction and extra duty for 45 days.
were reenlisted in the Regular Navy.
The Board noted your contention, in effect, that the punishment
was too harsh at the
NJPs of 15 April and 27 June 1996,' but found
it insufficient to warrant removal of these
regard, the Board presumed that the commanding officer acted
reasonably in each case in concluding, based on the evidence
before him, that you-committed the foregoing offenses.
concluded that the
The record reflects that on 3 April 1996 you received
On 15 April 1996 you received NJP for an unauthorized
The Board
cowanding officer was in the best position to
NJPs.
In this
The punishment imposed consisted of
You received a third
The
On 8 September 1997 you
The names and
resolve the factual issues and to impose punishment.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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