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NAVY | BCNR | CY1999 | 00156-99
Original file (00156-99.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 N A W  ANNEX 

WASHINGTON DC  20370-5100 

HD: hd 
Docket No:  00156-99 
20 August  1999 

Dear  ~ i e u t e l l ( s s l l [ D I  

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  12 August  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 Bureau of  Naval  Personnel dated 
16 April  1999, a copy of  which  is attached.  The Board also considered your  letter dated 
28 May  1999 with  enclosures. 

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.  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 11ai,d rccord, the burden  is on the 
tryplic,il~t to  &monstrate  the existence of probable  material error or injustice. 

Sincerely, 

W.  DEAN PFEIFFER 
Executive Director 

Enclosure 

D E P A R T M E N T  OF T H E  NAVY 

BUREAU OF NAVAL P E R S O N N E L  

5720  INTEGRITY  D R I V E  

M I L L I N G T O N  T N  38055-0000 

IN REPLY  REFER  TO 

1611 
Ser 834C/605 
16 Apr  99 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via: 

Assistant  for BCNR Matters, NPC-OOZCB 

Subf :  LTJ 

S C ,  USNR, 

Ref:  (a) BCNR memo 5420 Pers-OOZCB/NPCOOZCB of 29 Mar  99 

(b) NAVSCSCOL, Athens ltr 1620 Ser 00/0326 of 29 May  98 
(c) MILPERSMAN  1611-010 
(d) Manual of the Judge Advocate General ยง  0114 

Encl:  (1) BCNR file 00156-99 w/service record 

LT '. J * request to remove reference  (b) from his officer 

rence  (a) requested an advisory opinion in response to 

permanent personnel record due to a Board of Inquiry  (BOI) 
finding on 21 Dec 98 of "no misconduct" in his case. 
Enclosure  (1) is returned as a matter under the purview of BCNR. 

-  .*a-  , reference  (b) due to his Commanding 

2.  -eceived 
Officer's  findinq tha-iolated 
articles 133 and 90 
of the UCMJ by cheating on a homework assignment and failing to 
obey an order from a superior commissioned officer. 
Reference  (b) was an appropriate measure based on the known facts 
and was issued in compliance with reference  (c). 

3.  The BOI's  determination that "no misconduct" occurred was an 
independent conclusion to answer the question of L- 
suitability for continued service, and not a contradiction or 
nullification of the Commanding Officer's  decision to issue 
reference  (b).  Additionally, per reference  (d), unless withdrawn 
or set aside, punitive letters of reprimand and references to 
them will be made part of the officer's  record. 

4.  Accordinqly, do not concur with the removal of reference  (b) 
from LTJ -fficer 

permanent personnel record. 

Commander, U. S. Navy 
Director 
Personnel Performance &  Security 
Division 
Acting 



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