DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 12082-12
12 May 2014
as
This is in reference to your application for correction of your
naval record dated 14 November 2012, in which you requested
correction of your pay grade and reentry code. The Board did
not consider your request for correction of your reentry code,
as the request was previously denied, and you have not submitted
any new material evidence concerning that request.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 August 2013. Your allegation 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 on 9 July 2001.
On 25 September 2003 you received nonjudicial punishment for the
wrongful use of cocaine. The punishment imposed consisted of
forfeiture of $824.00, restriction and extra’ duty for 45 days,
and reduction to pay grade B-4. 0
The Board found no merit in your request to be restored to pay
grade E-5 with all back pay and allowances. It concluded that
your commanding officer acted reasonably in your case, and that
he was in the best position to resolve the factual issues and to
impose appropriate punishment. There is no credible evidence
that you did not commit the alleged offense. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider your: request to upgrade your
characterization of service since you have not applied to the
Naval Discharge Review Board (NDRB). I have enclosed NDRB‘s
application form for your convenience.
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,
Teed |
ROBERT D. ALMAN
Acting Executive Director
Enclosure
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