DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1434-09
18 June 2010
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 16 June 2010. 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
ang 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 4 August 1999,
On 21 December 2008 you received nonjudiciai punishment for drunk
ariving. The punishment consisted of forfeiture of one-half pay
per month for two months, restriction and extra duty for 45 days,
and reduction in rank.
The Board carefully considered your contention to the effect that
the punishment was too harsh, given your otherwise meritorious
record and the extremely adverse effects the punishment will have
on your .career, but it found those matters insufficient to
warrant granting your request. 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. 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,
\ dao’
W. DEAN PFESF
Executive or
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