Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 03043-01
Original file (03043-01.pdf) Auto-classification: Denied
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



Similar Decisions

  • NAVY | BCNR | CY2001 | 05051-01

    Original file (05051-01.pdf) Auto-classification: Denied

    You requested removal of a felony possession and distribution charge. 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. 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.

  • NAVY | BCNR | CY2001 | 01323-01

    Original file (01323-01.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record including your medical record, and applicable statutes, regulations and policies. They noted that while block 28 (“Narrative Reason for Separation”) of your DD Form 2 14 does refer to “drug abuse (use), cocaine. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2001 | 07644-00

    Original file (07644-00.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by NPC dated 15 December 2000, 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 warranting removal of the remaining contested document, the Drug Disposition Recommendation dated 31 January 1981 (document 9-9). Consequently, when applying for a...

  • NAVY | BCNR | CY2001 | 03457-01

    Original file (03457-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 00658-01

    Original file (00658-01.pdf) Auto-classification: Denied

    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. PERS- If 832 find the member ’s petition has merit, we have no objection to the removal of the performance evaluation in questio Head, Performance Evaluation Branch DEPARTMENT OF THE NAVY NAVY PERSONNEL COMMAND 5720 INTEDRITY DRIVE MILLINGTON TN 38055-0000 5420 PERS-832C 26 Apr 01 MEMORANDUM FOR THE EXECUTIVE DIRECTOR,...

  • NAVY | BCNR | CY2002 | 08232-00

    Original file (08232-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2002. The member ’s statement and reporting senior ’s endorsement to his fitness report for the period 2 February 1995 to 3 1 January 1996 is filed in his record. As there is no evidence of administrative or material error in the member's record, per ref board is not warranted.

  • NAVY | BCNR | CY2002 | 07532-01

    Original file (07532-01.pdf) Auto-classification: Denied

    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 NAV Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD OUANTICO, VIRGINIA 221 34-51 03 IN REPLY REFER TO: 1610 MMER/PERB 2001 2 +, SEP MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS...

  • NAVY | BCNR | CY2001 | 01944-01

    Original file (01944-01.pdf) Auto-classification: Denied

    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. To support his appeal, the petitioner furnishes his own statement. The Board does not, however, find this to invalidate the entire report and has directed removal of the following verbiage from Section I: ™“..where he was charged with Driving While Intoxicated, later...” As modified,...

  • NAVY | BCNR | CY2001 | 05411-01

    Original file (05411-01.pdf) Auto-classification: Denied

    What is significant is that Colonel That matter not Subi: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ICATION IN THE CASE OF MAJOR USMC :current assessment of the performance recorded in the challenged fitness report is based observation." o e case of request for removal of Per the reference, we reviewed 2. petition. removed, the record would have been more competitive, but not enough to warrant removal of the failure of selection.

  • NAVY | BCNR | CY2001 | 04368-01

    Original file (04368-01.pdf) Auto-classification: Denied

    request for the By enclosure 3. a copy of the Advisory Opinion contained at (3), this Headquarters provide encl ith Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE NAVY ,._iDQUARTERS UNITLD STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22134-5103 IN REPLY REFER TO: 1610 MMER/PERB 2 1 MAY 2001 From: To: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11C Per the reference, 1. has reviewed allegations of error and...