DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAWANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 07581-98
27 October 1999
Dear Comma*.....
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 21 October 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.
considered the advisory opinions furnished by the Navy Personnel Command dated 17 March
and 21 April 1999, copies of which are attached. The Board also considered your letter dated
15 July 1999.
In addition, the Board
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 the advisory opinions. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially concurred with the comments contained
The Board wished to advise you that if your current commanding officer supports removing
your contested nonjudicial punishment, he or she has the authority, under the Manual of the
Judge Advocate General, paragraph 01 18.b, to set it aside.
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
Enclosures
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 3805 5-0000
1610
NPC-311
17 March 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: NPC/BCNR Coordinator (NPC-OOXCB)
Subj:
End: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal ofa punitive letter and associated
documentation from his record. The fitness report for the period 15 November 1980 to 23
November 1981 states the member received NiP during that period.
2. Based on our review ofthe material provided, we find the following:
a. A review ofthe member’s service record revealed the documents in question to be on file in
the member’s service record. The member signed the report acknowledging the contents and his
right to submit a statement. The member’s statement and first endorsement are properly reflected
in his record.
b. The report and associated documents have been in the member’s record for over seventeen
in his
years. The petitioner has been promoted from Ensign to Commander with the material
record.
c. The fact that the member was selected for promotion and increased responsibility with the
report in his record, enhancement of future career opportunities and promotion potential is not
sufficient reason to remove a fitness report.
d. The member does not prove the report to be unjust or in error.
3. We recommend the member’s r
Head, 1~.
Evaluation Branch
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
IN REPLY REFER TO
1611
Ser 834C/616
21 Apr 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters, NPC—OOZCB
Subj
Ref:
C ~
SN,
(a) BCNR memo 5420 Pers—OOZCB/NPCOOZCB of 25 Mar 99
(b) CO. NNPS ltr 5800 Ser L 301 of 2 Sep 81
(c) Manual of the Judge Advocate General § 0114
End: (1) BCNR file 07581-98 w/service record
Reference (a) requested an advisory opinion in response to
1.
J~’~~
letter of reprimand, and all references to the matter from his
officer permanent personnel record~1j~ ~
a matter under the purview of BCNR.
to remove reference (b), a punitive
(1) is returned as
Reference (b) was filed mu
2.
accordance with applicable instructions, and appears consistent
with the handling of similar cases
that the punitive letter has been a significant obstacle to his
career is refuted by his continued Naval Service and promotion(s)
to Commander.
i~~record in
~~*1I~~1.L
argument
Reference (c) directs that punitive letters will be filed in
3.
the member’s official record unless withdrawn or set aside.
Accordingly, unless withdrawn or set aside, reference (b) and allY
references to it should remain in his record.
Director
Personnel Performance & Security
Division
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