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NAVY | BCNR | CY2007 | 06281-07
Original file (06281-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

CRS
 Docket No: 6281-07
6 June 2008





This is in reference to your application for reconsideration 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 4 June 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 21 May 1992 after more than nine months of prior active service. A psychiatric evaluation conducted on 17 February 1999 diagnosed you as having a personality disorder. On 5 March 1999 you received nonjudicial punishment for insubordination, disorderly conduct, and communicating a threat. The punishment consisted of a forfeiture of $637 and extra duty for 30 days. On 30 March 1999 a Naval Criminal Investigative Service (NCIS) investigation found that you had threatened to kill your supervisor and several other people at your work place. On 5 July 1999 you received an honorable discharge by reason of expiration of term of service.
The Board found no merit in your request for removal of your 5 March 1999 nonjudicial punishment and the NCIS investigation. 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 of offen ses. In addition, since the NCIS investigation is not contained in your record, there is no action the Board can take in that regard. 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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