DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 242-07
1 May 2008
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 26 March 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 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 2 March 1978
after six years of prior active service. On 24 February 1983 you
received nonjudicial punishment for failure to obey a lawful
order. The punishment consisted of restriction for 15 days and
reduction in rank to 1C3. On 1 March 1984 you were honorably
discharged by reason of expiration of term of service.
The Board found no merit in your contention that the nonjudicial
punishment was unjust because you were punished for your
religious beliefs as there is no evidence of this in your record
and you have not provided any. The Board concluded that your
commanding officer acted reasonably in your case, and that he was
in the best position to resolve the factual issues and to impose
appropriate punishment. There is no credible evidence that you
did not commit the charged offense. 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,
BD Zane
ROBERT D: SALMAN
Acting Executive Director
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