DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100
CRS
Docket No: 7484-09
27 October 2009
Thig 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 September 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 28 July 2003.
On 28 February 2007 you were convicted by civilian authorities of
assault and battery on a family member. The court sentenced you
to probation for two years and anger management classes for Six
months. On 23 May 2007 you were separated from the Navy with a
general discharge by reason of misconduct due to the commission
of a serious offense.
The Board found no merit in your contention that your civil
conviction was dismissed after you completed a period of |;
probation and attended classes in anger management. There is no
credible evidence that you did not commit the charged offense.
The Board concluded that there is insufficient mitigation to
warrant recharacterization of your discharge or a change in the
reason for the discharge. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished.upon request. ~
Tt igs 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,
. DEAN PFE ER
Executive Diredto
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