DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 5865-08
28 May 2009
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 20 May 2009. 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.
You received nonjudicial punishment (NUP) on 2 November 2001 for
fraternization and making a false official statement. The
punishment imposed included forfeitures of pay and a letter of
reprimand. Since then you have been ordered to several periods
of extended active duty. On 13 May 2008 you were informed of
your second failure of selection to major and that your discharge
was required on or before 1 November 2008. You were also
informed that you only had 11 years of qualifying service for
reserve retirement purposes.
On 20 August 2008 you were informed that this Board had denied
your request for removal of the NJP from your record. You
subsequently applied to the Board complaining that your career
retirement credit report (CRCR) was in error because it only
showed 11 years of qualifying service when in fact you had 17
years. You believe that this error may have led to your failures
of selection since it indicated that you were not participating
when in fact you were on almost continuous active duty during
this period.
A review of your record reveals that there are fitness reports i
the record to cover the period which were not shown on the CRKCR
and that these ceports were considered by the sclection board.
The Board believed that the NUP clearly contributed to the
failures of selection.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board was aware that the CRCR has been corrected and that as
of 25 January 2009 you were credited with 18 years of qualifying
service. Because you have 18 years of qualifying service you
have been retained to qualify for retirement.
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,
NK
W. DEAN PPETSF
Executive Ditechko
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