DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5760-02
24 December 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 11 December 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 reenlisted in the Navy on 13 September
1978 after about seven years of prior active service.
reflects that on 5 October 1981 you received nonjudicial
punishment (NJP) for dereliction of duty.
consisted of a forfeiture of $502.20 and a reduction in pay
grade.
Subsequently, your Navy Enlisted Classification Code
(NEC) of 3354 was removed and you were disqualified for submarine
On 12 November 1981 you were honorably discharged by
duty.
reason of expiration of term of service.
With respect to your contention that the NJP was unfair, the
Board presumed that the commanding officer acted reasonably in
concluding, based on the evidence before him, that you committed
Therefore, there is no justification to remove the
this offense.
NJP from your record.
that the decisions to remove your NEC and disqualify you from
submarine duty were reasonable, and no corrective action is
warranted.
names and votes of the members of the panel will be furnished
Accordingly, your application has been denied.
The record
The punishment imposed
Given the NJP, the Board also concluded
The
upon request.
It is regretted that the circumstances of your case are such that
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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