DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03467-10
10 March 2011
This is in reference to your application for correction of your late
husband's 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 10
February 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
husband’s 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 carefully considered your contention to the effect that
the line of duty/misconduct determination made in your husband's case
should be reversed because it is not supported by sworn testimony
of witnesses, but found it insufficient to warrant corrective action
in your case. The Board noted that there is no requirement that an
adverse line of duty/misconduct determination be supported by sworn
testimony of witnesses. The Board concluded that you failed to
demonstrate that your husband’s death was not the proximate result
of his reckless operation of a motorcycle at an excessive rate of
speed. 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. i
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Sincerely,
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W. DEAN PF!
Executive
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