DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Pi
SIT Te
CRS
Docket No: 8125-10
1 April 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 30 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, 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 reenlisted in the Navy on 2 May 1989.
On 8 May 1998 you received nonjudicial punishment for assaulting
another Sailor. On 14 May 1999 you received nonjudicial
punishment for Failure to obey a lawful order. The punishment
imposed consisted of reduction in rate to EN2, E-5, and
restriction for 45 days. On 31 October 2002 you were honorably
transferred to the Fleet Reserve in grade E-5.
The Board found no merit in your request for reinstatement to
EN1. 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. There is no
credible evidence that you did not commit the charged 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.
) ‘ Sincerely,
W. DEAN PF]
Executive Dire
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