DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
CRS
WASHINGTON DC 20370-5100
Docket No: 5894-08
26 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 om 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’
The Board found that you reenlisted in the Navy on 15 January
1987. On 12 December 2005 you received nonjudicial punishment
for dereliction of duty. The punishment imposed consisted of a
punitive letter of reprimand. On 31 March 2006 you were
transferred to the Fleet Reserve.
The Board found no merit in your request for removal of the
nonjudicial punishment. It 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. The mistaken belief of a
postal official that the nonjudicial punishment is equivalent to
a criminal conviction does not provide a basis for granting your
request. 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 oi your case are such tLnat
favorable action cannot be taken. You are entitled to have the
Board ceconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
in this regard, it |'s important to keep ©2 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,
\
Executive Diretto
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