DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8190-09
31 August 2009
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ie.
This 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 26 August 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 8 November 1990.
On 12 March 2009 you received nonjudicial punishment for failure
to obey a lawful order, failure to obey a lawful general
regulation, wrongful use of reproachful language, and three
specifications of assault. The punishment consisted of reduction
in pay grade to MA2 (E-5). On 18 May 2009 you were honorably
transferred to the Army National Guard.
The Board did not accept your unsubstantiated contention to the
effect that you did not commit the assaults or any of the other
offenses for which you received nonjudicial punishment. The Board
presumed that your commanding officer acted reasonably in your
case when he determined that you had committed the offenses, and
concluded that he was in the best position to resolve the factual
issues present in your case and to impose appropriate punishment.
In addition, the Board noted that you did not demand trial by
court-martial as was your right, and you did not submit an appeal
of the punishment. 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 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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