DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
SJN
Docket No: 11597-14
23 March 2015
Dear (ey
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 3 March 2015. 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.
On 1 March 2014, you were arrested by civil authorities for
driving under the influence (DUI) of alcohol. On 21 March 2014,
you received nonjudicial punishment (NJP) for DUI. The Board
found that on 16 July 2014, civil authorities found you not
guilty and directed stated that you were entitled to have all
records relating to your DUI expunged and destroyed from the
state of South Carolina. However, this dismissal was in no way
related to the NUP you received from your commanding officer (C0)
on 21 March 2014. Additionally, it is important to keep in mind
that the NJP and civil actions were two separate fact finding
processes, and the decision of the latter does not cancel out the
finding of the former. Your CO’s decision to impose NUP was
appropriate, and is administratively and procedurally correct as
written and filed. The Board further concluded that the removal
of the NUP is not warranted, and that such action would be unfair
to your peers, against whom you will compete for promotions and
assignments. Finally, the Board also noted that you accepted NJP
and did not appeal the finding of guilt. Accordingly, your
application has been denied.
‘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
fhe applicant to demonstrate the existence of probable material
error or injustice.
Sinceyel
ROBERT J. O’NETLL
Executive Director
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