DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
HD : hd
Docket No. 12430-09
25 June 2010
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,
You requested removing an alleged domestic violence/spousal
abuse incident; any records of offenses committed when you were
under the age of 18; your failures of selection by the Fiscal
Year (FY) 08 and 09 Reserve Line Lieutenant Commander Selection
Boards; your removal from the FY 08 Active Line Lieutenant
Commander Promotion List; any other derogatory information as a
result of the failure to be promoted and alleged domestic
violence incident including the statement regarding “a pattern
of unlawful behavior”; retroactive promotion to lieutenant
commander pursuant to your FY 08 selection or opportunity to be
considered for promotion with no derogatory information; and
reinstatement to the Navy Reserve, from which you were
discharged on 1 February 2009.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 June 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 and applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinion furnished by the Navy Personnel Command dated 28 January
2010 with enclosures, a copy of which is attached, and your
letter dated 19 May 2010 with enclosures.
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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
The Board found nothing objectionable about the mention, in the
Naval Criminal Investigative Service report, of offenses you
committed when you were under the age of 18. In view of the
above, 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,
by Bem
W. DEAN PRFRIPERE
Executive Bi or
Enclosure
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