DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
HD:hd
Docket No. 06292-11
1 March 2012
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. You requested that the enlisted
performance evaluation report for 2 August 2003 to 15 July 2004
be modified by removing the following from block 43 (“Comments on
Performance”): “Received OUI [operating under the influence]
conviction in December 2003. This showed a lack of sound
decision making and poor judgment. Other than this isolated
incident [you have] not been involved in any other acts of
misconduct.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 March 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. mH
addition, the Board considered the advisory opinions furnished by
the Navy Personnel Command dated 29 June and 29 July 2011, copies
of which are attached.
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 opinions.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It ig 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,
W. DEAN PF
Executive or
Enclosures
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