DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1091
ARLINGTON, VA 22204-2490
SUN
Docket No: 05762-12
19 guly 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 July 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, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found that on 5 May 2011, you.received nonjudicial
punishment (NJP) for unauthorized absence and disobedience. You
received a reduction in paygrade, restriction and a suspended
forfeiture of pay. You were advised of your right to appeal your
commanding officer's decision, but chose not to.
The Board concluded that your commanding officer’s decision to
impose NJP was appropriate, and it was administratively and
-procedurally correct as written and filed. The Board further
concluded that the removal of the NJP is not warranted, 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. 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.
Consequentiy, 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,
ld Noa
W. DEAN PFI
EB
Executive Di
NAVY | BCNR | CY2012 | 06939 12
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