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NAVY | BCNR | CY2006 | 06947-06
Original file (06947-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-5100        
        
                                                      CRS
                                                      Docket No: 6947-06
                                                                                           26 Septe m ber 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 30 August 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.
The Board found that you enlisted in the Na~ on 10 October 1995. The record reflects that you served without incident until 20 March 1996, when you received nonjudicial punishment (NJP) for failure to obey a lawful order. The punishment imposed consisted of a reduction in rate and restriction for 15 days. On 25 April 1996 you were admitted to a naval hospital for panic attacks and later released on 26 July 1996. Subsequently, on 15 November 1996 you were honorably discharged by reason of a physical disability that existed prier to enlistment.
The Board considered your contention, in effect, that the NJP should be removed since it was too harsh. However, in the absence of any documentation to the contrary, the Board presumed that your commanding officer acted reasonably in concluding, based on the evidence before him, that you committed the charged offense, and NJP was the appropriate course of action. The Board therefore concluded that no corrective action is warranted. Accordingly, your applicatjdn 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 n o t 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 Di rector

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