DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1275-09
10 April 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 8 April 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 enlisted in the Navy on 28 February
2001. You received three nonjudicial punishments for offenses
that included larceny, insubordination, and assault consummated
by a battery.
On 25 March 2004 your commanding officer recommended that you be
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. After being informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. The recommendation
was approved by the separation authority, and you were discharged
under other than honorable conditions on 13 April 2004.
In its review of your application, the Board did not accepte your
uncorroborated contention that you did not assault a female
Sailor, which was the offense for which you were discharged.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to upgrade your discharge
as a matter of clemency, 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,
Executive
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