DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51006
TOR
Docket No: 13721-10
12 January 2011
This is im reference to your application for correction of your
naval regord pursuant to thef provisions of Title 10, United
States Céde, Section 1552.
A three-member panel of thes Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 January 2011. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with adnfiinistrative regulations and procedures applicable to the
proceedings of this Board, Documentary material considered by
the Board consisted of yoir 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 noted you received nonjudicial punishment (NOP) for
Failure to obey a lawful order, specifically because you were
driving under the influence of alcohol or recklessly operating a
motor vehicle on 17 April 2010 when apprehended, and refusing a
breathalyzer test. The Board further noted that your civilian
community offense of driving under the influence on 15 August
2009, which occurred approximately eight months prior to the
foregoing offenses, was judicially dismissed in civil court.
However, this dismissal was in no way related to the NJP you
received in the military community.
The Board concluded that your refusal to take a breathalyzer test
did not negate the offenses for which you received NUP in April
2010 (failure to obey a lawful order by driving under the
influence and drunken and reckless operation of a motor vehicle
on 17 April 2010). The Board concluded that your commanding
officer's decision to impose this NJP was appropriate and that at
wag administratively and proceduraily correct as written and
‘filed. The Board further concluded that removal of the NJP or
= Fpwpage, 9
modification of the charges therein is not warranted, and that
such action would be unfair to your peers, against whom you will
compete for promotions and assignments. The Board also noted
that you accepted NUP and did not appeal the findings of guilt.
Accordingly, your application has been denied.
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+rnot previously considered by the Board.
.
In this regard, if is Amportant to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applyang 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 PREP
Executive ¥ or
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