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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 02272-06
28 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. You requested in effect, that the NAVPERS
1070/607 ("Court Memorandum") documenting your nonjudicial
punishment of 11 July 2002 be corrected to match what the enlisted
performance evaluation report for 16 November 2001 to 16 July 2002
reflects regarding the offenses for which you were punished.
A three-member panel of the Board for Correction of Naval Records,
Sitting in executive session, considered your application on
28 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. In
addition, the Board considered the advisory opinion furnished by the
Navy Personnel Command dated 24 April 2006, a copy of which is
attached.
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 substantially concurred with the comments
contained in the advisory opinion. 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,
Loa. of
W. DEAN P
Executive tor
Enclosure
NAVY | BCNR | CY2006 | 05213-06
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. Furthermore, concerning your contention that you only had one offense, the record shows that you had one civil conviction and an NJP for two offenses. The Board also noted that you could have been discharged by reason of misconduct due to civil conviction.
NAVY | BCNR | CY2007 | 01143-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2008. 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...
NAVY | BCNR | CY2005 | 05938-05
The Board also considered your letter dated 30 November 2006 with attachments.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. This responds to your request (enclosure (1)) for comments and recommendation on subject Board for Correction of Naval Records (BCNR) petition. is have reviewed enclosure (1) and recommend applicant’s petition be denied.
NAVY | BCNR | CY2007 | 00272-07
On 24 July 2006 your commanding officer recommended to the Navy Personnel Command (NAVPERSCOM) that you not be reenlisted. However, given the available evidence, the Board concluded that the commanding officer acted reasonably in concluding that you committed the offense and that nonjudicial punishment was appropriate. 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.
NAVY | BCNR | CY2011 | 06556-11
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NAVY | BCNR | CY2002 | 03313-02
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NAVY | BCNR | CY2009 | 06578-09
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NAVY | BCNR | CY2010 | 04326-10
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NAVY | BCNR | CY2002 | 02604-02
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NAVY | BCNR | CY2006 | 05457-06
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