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NAVY | BCNR | CY2005 | 09213-05
Original file (09213-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370~51 00       
                  CRS
 Docket No: 9213-05
 27 February 2007




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 15 February 2007. 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 enlisted in the Navy on 27 June 1984. The record reflects that on 31 May 1990 you received nonjudicial punisliment (NJP) for an unauthorized absence. On 15 June 1990 you received a second NJP for use of cocaine. The punishment imposed consisted of a forfeiture of $572, restriction and extra duty for 45 days, and reduction from petty officer second class (BM2; E-5) to petty officer third class (BM3; E-4). On 26 June 1990 you were honorably discharged by reason of expiration of term of service.
The Board found no merit to your allegation that alcohol abuse caused your NJP of 15 June 1990. The Board presumed that your commanding officer acted reasonably in concluding, based on the evidence before him, that you committed the foregoing offense. Clearly your commanding officer was in the best position to resolve the factual issues and to impose punishment. 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 PFIEFFER
                                                               Executive Director

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