DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3127-11
30 March 2011
pee eB
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 29 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 30 August 2007 you were the subject of a
traffic violation, specifically, operating a vehicle while
subject to an impairing substance. You were issued a citation
and were advised of a date to appear in civil court if you wished
to contest the citation. Nonetheless, on 21 December 2007, you
received nonjudicial punishment (NTP) for failure to obey a
lawful order and reckless driving. The punishment imposed was a
$3,132 forfeiture of pay. The record reflects that you did not
appeal the NUP, and as such, presumably accepted the findings of
guilt. You also received (acknowledged and signed) an adverse
performance evaluation which noted the NUP and its punishment,
and that you had taken corrective measures to recommit to Navy
Core Values. Subsequently, on 22 January 2008, the foregoing
civil charges were dismissed because the officer who issued the
citation did not appear ii court.
The Board concluded that your commanding officer's decision to
impose the foregoing NUP, and the punishment imposed, was
appropriate, and that it was administratively and procedurally
correct. It also concluded that the adverse performance
evaluation was administratively appropriate as written and filed.
Further, the Board concluded that the civil charges were
dismissed based solely on a technicality and does not negate the
fact that you were guilty of the offense. As such, the Board
concluded that there was no evidence in the record to support
removal of the NUP. Finally, the Board noted that you did not
appeal the NJP and concluded that its removal from your record is
unwarranted, and that such action would be unfair to your peers,
against whom you will compete for promotions and assignments.
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 is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
LW Woh
W. DEAN PF R
Executive D¥recto
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