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NAVY | BCNR | CY2003 | 08525-03
Original file (08525-03.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
 2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                               CRS
                                                                                          Docket No: 8525-03
                                                                                          17August 2004



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 session, considered your application on 11 August 2004. 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 4 December 1981 after more than four years of prior active service. The record reflects that on 19 November 1987 you received nonjudicial punishment (NJP) for absence from your appointed place of duty and dereliction of duty. The punishment imposed consisted of restriction and extra duty for 14 days and reduction in rank from petty officer second class (HM2; E-5) to petty officer third class (HM3; E-4). Subsequently, you were honorably discharged at the expiration of your enlistment.

In your application, you contend that you received NJP for an incident that was not your fault. However, in the absence of any evidence to the contrary, the Board concluded that the commanding officer acted reasonably in concluding that you committed the offenses and NJP was appropriate. 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

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