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NAVY | BCNR | CY2005 | 04306-05
Original file (04306-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-S 100

 JRE
 Docket No. 04306-05
11 September 2006



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 8 September 2006. 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. In this connection, the Board concurred with the determination of the former Director, Naval Council of Personnel Boards, that your disability was incurred as a result of your own misconduct, and not in the line of duty. That determination is supported by clear and convincing evidence which demonstrates that your disability was the proximate result of such gross negligence as to demonstrate a reckless disregard of the consequences. It concluded that you were grossly negligent in attempting to pass another vehicle while approaching a blind corner on a two-lane road, in disregard of the double yellow line on the roadway. The Board rejected your unsubstantiated contention to the effect that the action of the driver whom you attempted to pass was an independent intervening cause of your disability.
In view of the foregoing, 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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