DEPARTMENT OF THE NAVY
HOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 04643-14
1 May 2014
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 30 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, 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 17 June 2009, you were arrested by civil
authorities for @riving under the influence (DUI) of alcohol. On
9 July 2009, you received nonjudicial punishment (NOP) for
drunken operation of a vehicle. You received restriction, extra
duty, a forfeiture of pay and a suspended reduction in paygrade.
It appears you did not appeal your NJP or punishment awarded. On
9 November 2009, civil authorities dismissed your case. However,
this dismissal was in no way related to the NJP you received from
your commanding officer (CO) on 9 July 2009. At that time, your
CO's decision to impose:NUP was appropriate, and administratively
and procedurally correct as written and filed. The Board further
conciuded that, after almost five years, the removal of your 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.
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,
ROBERT D cone
Acting Executive Director
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