DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 04149-10
10 February 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. You requested, in effect,
that the records of the Naval Criminal Investigative Service be
corrected by removal of derogatory material concerning a civil
charge against you of 2005.
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 and applicable statutes, regulations and
policies. In addition, the Board considered the report of
investigation in your case by the Naval Criminal Investigative
Service, dated 21 October 2005.
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 was unable to find that the
material in question was factually inaccurate, noting it
reflected you were charged with battery, but did not reflect you
were convicted of that charge. The Board further observed that
you ultimately received your scheduled promotion to lieutenant
commander, with a date of rank and effective date of 1 July
2010, so the contested material did not harm your career
progression. 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,
na,
W. DEAN PF R
Executive or
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