DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9380-09
29 October 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 1 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 8 June 1999. On
20 September 2003 you received nonjudicial punishment for an
unauthorized absence. On 18 December 2008 you were convicted by
civil authorities of drunk driving and speeding. The court
sentenced you to confinement for six months, a fine of $330.00,
and suspension of your driving privileges for one ‘year. On 30
December 2008 you received nonjudicial punishment for drunk
driving and wrongful use vidodin.
On 26 February 2009 an administrative discharge board (ADB)
recommended that you be retained on active duty notwithstanding
your extensive disciplinary record. On 6 March 2009 you received
nonjudicial punishment for making a false official statement to
the ADB. On 18 March 2009 your commanding officer recommended
that you be separated from the Navy by reason of best interst of
the service. On 14 August 2009 the Assistant Secretary of the
Navy for Manpower and Reserve Affairs approved the recommendation
and directed that you be discharged by reason of best interest of
the service. You were discharged on 27 August 2009 with a ~
general discharge.
In its review of your application, the Board carefully considered
your unsubstantiated contention to the effect that the ADB was
improperly conducted. The Board concluded that you were
fortunate to have had your service characterized as under
honorable conditions, and that you have not demonstrated that it
would be in the interest of justice for it to upgrade your
discharge or reinstate you to active duty. 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,
lad Dea
W. DEAN PFE
Executive Di
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