DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
‘Lae
Docket No: 4245-11
28 April 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 26 April 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 er injustice.
The Board found that on 14 August 2010 you were the subject of a
traffic violation as a result of your driving under the influence
of alcohol. It appears that after you declined to take a
breathalyzer test, you were arrested and issued a citation.
Presumably, you were advised of a date to appear in civil court
if you wished to contest the citation. Nonetheless, on 27
September 2010, you received nonjudicial punishment (NUP) for
failure to obey a lawful order as evidenced by your driving under
the influence of alcohol and drunken or reckless operation of a
vehicle. The punishment imposed was reduction to paygrade E-4
and a $2,198 forfeiture of pay, a portion of which was suspended
for six months. The record clearly reflects that you did not
appeal the NUP, and as such, presumably accepted the findings of
guile . ,
About six months after your arrest by civil authorities, on 11
February 2011, you appeared for a hearing in civil court. The
foregoing civil case, specifically, the administrative action to
suspend or revoke your driving privileges for driving under the
influence of alcohol and refusing to take a breathalyzer test,
was dismissed because the officer who issued the citation did not
appear in 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. Further, the Board concluded that only the
administrative action to suspend your driving privileges was
dismissed, and that this dismissal was based solely ona
technicality and does not negate the fact that you were guilty of
the offense of driving under the influence of alcohol. 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,
\e
ONTO R
Executive D
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