DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
SMC
Docket No: 03043-01
13 December 2001
Dear Petty
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. You requested removal of
documentation dated 22 May 1987 from the Department of Justice.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 13 December 2001. 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 Navy Personnel Command dated
5 July 2001, a copy of which is attached.
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 found no requirement to advise you that factual matter
concerning your civil conviction would be entered in your naval record. In view of the
above, your application has been denied. The names and votes of the members of the panel
will be furnished upon request.
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
It is regretted that the circumstances of your case are such that favorable action cannot be
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
MILLINGTON TN
38055-0000
5720 INTEGRITY DRIVE
5420
PERS-832C
5 Jul 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
Via:
Subj:
Encl:
PERS/BCNR Coordinator (PERS-OOZCB)
SN
(1) BCNR File 03043-01
(2) Petitioner's Microfiche Record
The petition and naval records of subject petitioner
1.
have been reviewed relative to his request for removal of
derogatory material.
he was forced to convert from the Hospitalman
Although he was not administratively separated for
2.
The review indicates that petitioner did receive a
civilian conviction for disorderly conduct/solicit lewd
act.
the offense,
Documentation supporting that
rating group to Seaman.
The
significant event should remain in the record.
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 records, and
the burden of proof is on the petitioner to show
documentary evidence that an error has occurred or an
injustice suffered.
petition is not recommended.
Therefore,
favorable action on this
Head,
Branch (PERS-832)
Enlisted Performance
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