DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 1519-11
1 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 March 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 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 on 8 May 2010 you were the subject of a
traffic violation, specifically, driving while under the
influence of alcohol. Shortly thereafter, on 19 May 2010, you
received nonjudicial punishment (NJP) for drunken or reckless
driving and were awarded a written letter of reprimand. The
record reflects that you did not appeal the NUP, and as such,
presumably accepted the findings of guilt.
On 6 October 2010 the 8 May 2010 traffic violation charge was
dismissed by civil authorities. However, the Board concluded
that your commanding officer’s decision to impose the foregoing
NIP, and the punishment thereto, was appropriate, and that it was
administratively and procedurally correct as written and filed.
Finally, the Board concluded that there was no evidence in the
record to support removal of the NUP. 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 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 gs on the applicant to demonstrate the
existence of probable matewial error or injustice.
j *
Sincerely,
“ef
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