DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
HD
Docket No: NR7395-13
11 April 2014
pear Petty officer Mm:
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 modifying the enlisted performance evaluation report
for 1 March 2006 to 15 March 2007 by removing, from section 43
(“Comments on Performance”), the following:
#36- Plead [sic] guilty to charges of arson of his POV
[privately owned vehicle] and insurance fraud. Awarded
5 years probation, community service and monetary fine
in civil court on 16Feb07. His actions were & result
of financial hardship due to support of several displaced
family members following hurricane Katrina, This event
was entirely inconsistent with hig character and he
readily admitted responsibility/fully cooperated with
authorities throughout.
BR three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
10 April 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 and applicable statutes,
regulations and policies. in addition, the Board considered the
advisory opinion furnished by the Navy Personnel Command dated
25 October 2013, a COpy of which is 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 advisory
opinion. 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. 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,
dk Ss JAI
ROBERT Dv—ZSALMAN
Acting Executive Director
Enclosure
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NAVY | BCNR | CY2014 | NR4263 14
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NAVY | BCNR | CY2014 | NR1224 14
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