DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD :hd
Docket No. 04836-11
16 February 2012
Dear
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
16 February 2012. 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 and
applicable statutes, regulations and policies. dn addition, the
Board considered the advisory opinion furnished by the Navy Personnel
Command dated 18 May 2011, a copy of which is attached. The Board
also considered your counsel’s undated rebuttal to the advisory
opinion, received on 14 February 2012.
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. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion, except to note the contested
fitness report does state that you “twice disobeyed a direct order.”
The Board observed that the report does not specify that the order
in question was the one referenced in enclosure (3) to your
application. In any event, the Board was unable to find that this
order, which directed you not to contact your wife without prior
approval, was an illegal protective order, nor could it find it was
AeY~
an unlawful order. Inthis regard, the Board was not persuaded that
the order served no legitimate military purpose. In view of the
above, 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. 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,
eee
Executive t ”
Enclosure
Copy to:
Mr. Jeffery C. King
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