DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 SIN
Docket No: 04184-09
11 March 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 9 March 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 and began a period of active duty on
14 August 2007 at age 18. On 8 February 2008, you received
nonjudicial punishment (NUP) for disobedience (underage
drinking). You received extra duty, a reduction in paygrade, and
forfeiture of pay. On 26 February 2008, you submitted an appeal
that was denied on 13 March 2008.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, especially your contention
that you did not consume alcohol while underage. Nevertheless,
the Board concluded these factors were not sufficient to remove
the NIP from your official records because the commanding
officer’s decision to find you guilty was based on a credible
eyewitness who testified at your hearing. 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,
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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 16 July 1990 at age 18. On 18 August 1992, your commanding officer...
NAVY | BCNR | CY2007 | 08810-07
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