DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TON DC 20370-5100
WASHING CRS
Docket No: 7833-08
29 September 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 20 August 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 enlisted in the Navy on 13 August 1997.
You were the subject of two separate nonjudicial punishment (NJP)
actions on 2 March 1999, and received NUP for underage drinking
and assault. You received a third NUP on 24 June 1999, for
underage drinking. You were discharged by reason of a pattern of
misconduct on 15 July 1999, with a general discharge.
The Board did not accept your contention to the effect that you
did not commit the assault for which you received the second NUP
on 2 March 1999. 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
Consequently, when applying for a corr
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN P
Executive
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