DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700 .
CRS
Docket No: 2638-09
6 July 2009
This igs 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 24 June 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 30 July 2001.
You received nonjudicial punishment on two occasions for offenses
that included willful Gisobedience of a lawful order and failure
to obey a lawful order. On 2] November 2004 you were separated
from the Navy under honorable conditions by reason of parenthood
or custody of minor children. The discharge processing documents
were not among the records available to the Board.
The Board was not persuaded that your discharge was inequitable,
improper or inconsistent with the policies and traditions of the
service. It concluded that your service was properly
characterized as under honorable conditions in view of your two
nonjudicial punishments. The Board concluded further that you
have not demonstrated that it would be in the interest of justice
for it to upgrade your discharge or to change the reason or
authority therefor. Accordingly, your application has been
denied. The names and votes of the members of the pane] will be
furnished upon request.
tt 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,
W. DEAN
Executive
Copy to: Disabled American Veterans
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