DOBPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
BIG
Docket No: 5694-13
22 October 2014
Dear (a
This is in reference to your application for correction cf your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested removal of a nonjudicial punishment (NJP) held on
22 June 2012, removal of documentation referring to your
promotion delay to captain (pay grade 0-6), and promotion to
captain with an effective date of 1 September 2012.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 October 2014. 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 or injustice.
on 3 December 2011, you were arrested in San Diego, California,
for an incident involving a female friend. On 22 June 2012, you
accepted NUP for conduct prejudicial to good order and
discipline, and @isorderly conduct. You were found guilty and
did not appeal. In your post NUP statement, you apologized for
your grave errors in judgment. You were then advised that your
command was administratively separating you due to misconduct.
You exercised your procedural right to have your case considered
by a board of inquiry (BOI). The BOT found that you did not
commit misconduct and recommended retention.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your many years of
honorable service and desire to be promoted. However, the Board
concluded that you have failed to prove an error or injustice in
the imposition of the NUP and it shall remain in your official
military personnel file. The Board particularly noted that you
did not appeal the guilty findings and admitted grave errors in
judgment in your post NUP statement. You are advised that the
findings and recommendation of your BOI do not overturn the
guilty findings of your NUP. Since the Board found no basis to
remove your NJP, it had no basis to promote you tc captain. 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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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,
OBERT J. O'NEILL
Executive Director
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