DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 06527-10
3 March 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 that the enlisted performance evaluation report for
16 June to 22 October 2007 be modified by removing reference to a
nonjudicial punishment of 16 October 2007 and raising the mark in
block 36 ("Military Bearing/Character”) from “2.0" (fourth best of
five possible marks) to “3.0” (third best), and that you be awarded
the Good Conduct Medal as of 25 January 2010.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 3 March
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
advisory opinions furnished by the Navy Personnel Command dated
15 July and 17 August 2010, copies of which are attached.
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. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinions in concluding that the performance
evaluation report in question should not be modified. Since the
Board found no defect in your record, it had no basis to award you
the Good Conduct Medal as of 25 January 2010. 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,
Enclosures
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