DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
BAN
Docket No: 3153-09
20 January 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 13 January 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,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient |
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 2 September 1999, and served without
disciplinary incident until 26 February 2002, when you received
nonjudicial punishment for an unauthorized absence (UA) of one
day. In addition, you were given a page 6 entry for a period of
UA from 9 July 2000 to 4 August 2000, which ended when you
surrendered aboard the USS JOHN F. KENNEDY (CV67). You were
separated at the end of your obligated service on 1 October 2003,
and received an honorable discharge and an RE-1 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant changing your page 6 entry
to reflect no time lost for purposes of a UA. Accordingly, your
application has been denied. The names and votes of the members
of the panel 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 P
Executive (Di
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