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NAVY | BCNR | CY1998 | 07309-98
Original file (07309-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON DC  20370-5100 

ELP 
Docket No. 7309-98 
3 September 1999 

Dear 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, 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 1 September 1999.  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.  In addition, the Board considered the advisory 
opinion furnished by the Enlisted Performance Branch, Naval 
Personnel Command  (Pers 832), dated 6 July 1999, a copy of which 
is enclosed. 

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 comments contained in the advisory opinion. 
The Board noted that the Military Personnel Manual article on the 
detachment for cause (DFC) of certain enlisted personnel 
specifically states that a DFC request with endorsements thereon, 
if approved by the Chief of Naval Personnel, will be filed in the 
official record of the member concerned.  Further, the request 
for DFC will be referred to the individual concerned for an 
opportunity to submit a written statement.  Whether or not an 
individual submits a statement concerning the matter, he wLll be 
directed to signify in writing that he has read the request for 
DFC, does or does not desire to make a statement, and he is aware 
that an approved DFC will become a part of his official record. 
The DFC was referred to you on 23 September 1996.  That letter 
listed two nonjudicial punishments (NJP) and two letters of 
instruction.  The record reflects that you signed a statement 
that you understood the recommended DFC and  t h a t   i f   approved,  t h e  

DFC documentation would be filed in your record.  Your contention 
that all of the investigatory and internal correspondence 
regarding the NJPs should not be filed on your microfiche record 
is without merit.  Since that documentation was an integral part 
of the evidence supporting the commanding officer's DFC request, 
the Board concluded that it was properly filed in accordance with 
the governing directives.  The Chief of Naval Personnel, 
specifically Pers-83, is the filing authority for DFC packages 
and this Board did not find it appropriate to usurp that 
authority.  Since you have been treated no differently than 
others who have been similarly detached, the Board finds no basis 
for removing the NJP documentation contained in the DFC package 
from the record.  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 

Enclosure 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5 7 2 0  I I t E 6 R I t Y  DRIVE 

H I L L I N 6 t O N  t W  3801 5 - 0 0 0 0  

5420 
PERS-832C 
6 Jul 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION 

OF NAVAL RECORDS  (BCWR) 

Via:  PERS/BCNR Coordinator  (PERS-OOZCB) 

Subj : 

# 3 ' 

Ref: 

(a) BUPERS WASHINGTON DC//PERS 83// 1009362 JAN 97 

Encl :  (1) BCNR File 07309-98 

(2) Petitioner's Microfiche Record 

1. The petition and naval records of subject petitioner 
have been reviewed relative to his request for removal of 
derogatory material. 

2.  The review indicates that the petitioner was Detached 
for Cause  (DFC) as authorized by reference (a) .  It has 
been a long-standing BUPERS policy to file the DFC package 
in its entirety.  Documentation supporting that significant 
event should remain in the record.  The maintenance of 
those documents is essential to depict the petitioner's 
character and background, and in conjunction with any other 
unsatisfactory conduct, to serve as a possible 
consideration for future administrative action.  A 
presumption of regularity attaches to official ~
~
the burden of proof is on the petitioner to show 
documentary evidence that an error has occurred or an 
injustice suffered.  It is noted that there is no NAVPERS 
1070/607 (Court Memorandum) to document an NJP on 17 Aug 
96.  Therefore, favorable action on this petition is not 
recommended. 

and 

~

3

r

d

~

~

'Technical Advisor To The 
Head,  EnSiated Performance 
Branch  (PERS-832) 



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