DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 6352-02
22 October 2002
This is in reference to your application for
naval record pursuant to the provisions of T
States Code, Section 1552.
correction of your
itle 10, Un
ited
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together'with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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 Navy on 26 July 1989.
The record reflects that on 21 August 1992 you received
nonjudicial punishment (NJP) for an unauthorized absence of a day
The punishment imposed
and being incapacitated for duty.
consisted of forfeitures of $100 per month for two months,
restriction for 49 days, and reduction in pay grade.
October 1992 you were honorably separated and transferred to the
Naval Reserve.
On 9
With respect to your contention that you were not incapacitated
and that part of the NJP should be deleted from your record, the
Board presumed that the commanding officer acted reasonably in
concluding, based on the evidence before him, that you committed
this offense.
The names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
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
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