DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 3354-11
18 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 13 April 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 enlisted in the Navy Reserve and entered
active duty on 3 June 2004. On 14 February 2008 you underwent
psychological evaluation and were given a diagnosis of
posttraumatic stress disorder. On 30 April 2008 you received
nonjudicial punishment for drunk driving. The punishment
consisted of reduction in pay grade to SK3 (E-4). On 2 June 2008
you were honorably released from active duty and transferred to
the Navy Reserve in pay grade E-4.
The Board did not accept your unsubstantiated contention to the
effect that posttraumatic stress disorder caused your misconduct
and reduction to pay grade E-4. The Board presumed that your
commanding officer acted reasonably in your case when he
determined that you had committed the offense for which you
received nonjudicial punishment, and concluded that he was in the
best position to resolve the factual issues present in your case
and to impose appropriate punishment. In addition, the Board
noted that you did not demand trial by court-martial as was your
right, and you did not submit an appeal of the punishment.
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.
n this regard, if is important to keep in mind that a
goresumption of regulagity attaches to all official records.
,Cconsequently, whenf applying for a correction of an official naval
record, the burderi is on the applicant to demonstrate the
existence of probable material error or injustice.
: ? Sincerely,
LSS
W. DEAN PF
Executive
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