DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 7459-01
16 September 2002
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
Your allegations of error and
session, considered your application on 22 August 2002.
injustice were reviewed in accordance
applicable to the proceedings of this Board,
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
with administrative regulations and procedures
Documentary material considered by the Board
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 rejected your contention to the effect that the absence of documents establishing a
chain of custody for the results of the blood alcohol testing you underwent on the night you
were injured invalidates those results.
cited by your counsel that a chain of custody be established.
basis for questioning the validity of the tests results obtained in your case. The Board
concluded that the evidence in the report of the line of duty investigation is clear and
convincing that your injuries were incurred as a result of your own misconduct, and therefore
are not ratable.
Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It noted that there is no requirement in the instruction
In addition, the Board had no
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.
th% a presumption of regularity attaches to
important to keep in mind
all official records.
In this regard, it is
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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