DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN .
Docket. No. 01579-09
20 April 2009
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 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, the naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion furnished by HQMC memo 1070 JAM3 of 7 Apr 09,
which states that there was no documentary evidence provided to
support [your] claim that you refused nonjudicial punishment
{(NJP) and accepted a summary court-martial and were found not
guilty. However, the evidence did show that you received
multiple NUJP’s and were reduced in grade accordingly. Moreover,
the DD 214 which you signed on 24 October 1975, shows that your
grade at discharge was E-3. .
‘Therefore, 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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
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
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Decket No. 01579-0909
material evidence or other matter not previously considered by
the Board. In this regard, it is also 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,
ROBERT D>-ZSALMAN
Acting Executive Director
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