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NAVY | BCNR | CY2009 | 13204-09
Original file (13204-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD :hd
Docket No. 13204-09
3 April 2010

 

This is in reference Lo your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.

You requested, in effect, setting aside your nonjudicial
punishment (NUP) of 12 December 2006 and removing ail
documentation of the NUP, to include the punitive letter of
reprimand dated 14 December 2006; removing the fitness report
for 1 November to 12 December 2006; removing the notification of
filing of adverse matters letter dated 4 April 2007; and
removing the status in the U. S. Navy letter dated 23 May 2007.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 April 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Pocumentary 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
opinions furnished by the Navy Personnel Command dated 26
January 2010 with enclosure and 12 February 2010, copies of

which are attached. The Board also considered your letter dated
11 March 2010.

Bfter 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 substantiaily
concurred with the advisory opinions. The Board was unable to
find the legal officer advised you not to appeal the NUP, nor
could it find you were not given a fair chance to provide
evidence in your own defense. The Board likewise unable to
accept your assertion that the other officers involved did not
receive NUP, or if you are correct about the disposition of
their cases, that their circumstances were substantially
identical to yours. Finally, the supporting statements you
provided did not persuade the Board you were wrongfully

. punished. 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,

Wok

W. DEAN P R
Executive Director

Enclosures

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