DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				    2 NAVY ANNEX
                                                                                        WASHINGTON DC 20370-5100

	
	CRS
					Docket No: 1927-06
										6 October 2006

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 13 September 2006. 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.

The Board found that you reenlisted in the Navy on 3 September 1992 after 14 years of prior active service. The record reflects that on 13 January 1993 you received nonjudicial punishment for driving while drunk. The punishment imposed consisted of a forfeiture of $200 per month for two months and reduction in rate from petty officer first class (AD1; E-6) to petty officer second class (AD2; E-5). On 30 November 1994 you were transferred to the Fleet Reserve in the rate of AD2.

The Board considered your contention you should have been allowed to retire as an AD2, but found it insufficient to warrant restoration to that rate. In this regard, the Board could not find any mitigating circumstances sufficient for restoration, given the seriousness of the offense. 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,

W. DEAN PFEIFFER
Executive Director