DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100	

CRS
									 Docket No: 11150-07 
									15 February 2008

Dear

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 16 January 2008. 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 enlisted in the Navy on 21 October 2004. On 6 July 2005 you were convicted by civil authorities of reckless driving. The court sentenced you to confinement for 60 days, of which 52 days were suspended, and a fine of $380. On 17 March 2006 you received nonjudicial punishment (NJP) for assault, failure to obey a lawful order, and absence from appointed place of duty. The punishment consisted of a forfeiture of $637 per month for two months, restriction and extra duty for 45 days, and reduction in rank. On 11 October 2007 you received NJP for assault, making a false official statement, disorderly conduct, and failure to obey a lawful order. The punishment consisted of a forfeiture of $65 per month for two months.

The Board did not accept your unsubstantiated contentions to the effect that you were not guilty of the charges of failure to obey a lawful order and absence from appointed place of duty, since you tried to contact your chief as requested, or of the assault charge since you did not kick anyone in the head. The Board presumed that your commanding officer acted reasonably in concluding, based on the evidence before him, that you committed the charged offenses, and was in the best position to determine the appropriate punishment. In addition, you were not charged with or found guilty of kicking anyone in the head. 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