DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 746-07
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 13 February
2002. On 22 November 2002 you received nonjudicial punishment
for two months, restriction for 30 days, extra duty for 45 days,
all suspended for six months, and reduction in pay grade E-5. on
31 December 2005 you were transferred to the Fleet Reserve.
The Board found no merit in your request for reinstatement to E-6
and restoration to active duty for two years under a high year
tenure waiver. 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 offenses. 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,
Tek na
ROBERT D. SALMAN
Acting Executive Director
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