DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4290-10
22 September 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 September 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, your 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 found that you enlisted in the Navy on 17 October 1996.
On 4 September 2009 you received nonjudicial punishment for
allowing a liberty risk individual to drink when on liberty and
under your supervision. The punishment consisted of restriction
for 60 days, forfeiture of one-half months pay for two months,
suspended one-fourth months pay for two months and reduction in
rank, suspended for six months.
The Board found no merit in the argument you made in support of
your request to remove the nonjudicial punishment. It concluded
that your commanding officer acted reasonably in your case and
that he was in the best position to resolve the factual issues
and to impose appropriate punishment. In addition, there is no
credible evidence that you did not commit the charged offense as
you pleaded guilty to the offense. 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.
eB Sincerely,
Executive r Oo,
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