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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