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NAVY | BCNR | CY2010 | 03122-10
Original file (03122-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100

 

TAL
Docket No: 3122-11
24 June 2011

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 15 June 2011. 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
28 April 2004 at age 20. On 1? September 2009, you received
nonjudicial punishment (NJP) for dereliction in the performance
ef your duty by not stopping your basic allowance for housing
(BAH) at the with dependent rate. You failed to supply your
personnel support department (PSD) with the proper required
documentation needed to add your dependent child to your
Dependency Application/Record of Emergency Data (page 2). The
punishment awarded was reduction in rate to seaman. Based on the
information currently contained in your record it does not
reflect you submitted an appeal to the forgoing NJP.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of more than seven years of honorable service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
removing the NIP. The Board concluded that sufficient evidence
existed to support the commanding officer's decision to impose
NJP. 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
@vidence 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,

\o

W. DEAN PB
Executive D

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