DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD: hd
Docket No: 04869-01
16 October 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
CAP
REV
USN,
ORD
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 12 Jun 01 w/attachments
(2) PERS-834C memo dtd 28 Aug 01
(3) Subject’s naval record
1. Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting, in effect, that his naval record be corrected by removing the
Assistant Commander, Navy Personnel Command (NPC-4) letter 1611 of 20 October 1998,
Subject: Final Civil Action Report ICO (in case of) Petitioner and Petitioner’s letter 1611
dated 2 December 1998, Subject: Statement Concerning Filing of Adverse Matter in Official
Service Record. Copies of these documents are at Tab A.
2. The Board, consisting of Messrs. Carlsen and
Petitioner’s allegations of error and injustice on 12 October 2001, and pursuant to its
regulations, determined that the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
Caron and Ms. Suiter, reviewed
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
In correspondence attached as enclosure
(2), the Navy Personnel Command office
having cognizance over the subject matter of this case has commented to the effect that
Petitioner’s request has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of
enclosure
(2), the Board finds an injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected by removing therefrom the following:
(1) Assistant Commander, Navy Personnel Command (NPC-4) letter 1611 dated
20 October 1998, Subject: Final Civil Action Report ICO Petitioner and
(2) Petitioner ’s letter 1611 dated 2 December 1998, Subject: Statement Concerning
Filing of Adverse Matter in Official Service Record.
b.
That any material or entries inconsistent with or relating to the Board
recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the furture.
’s
’s record and
C.
That any material directed to be removed from Petitioner
’s naval record be
returned to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner ’s naval record.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
4.
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
2
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055.0000
5720 INTEGRITY DRIVE
1611
PERS
28 Aug 01
834C/462
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator
(PERS-OOZCB)
Subj:
CAP
I
us
Ref:
(a) SECNAVINST
5300.29A
Encl:
(1) BCNR File
Enclosure (1) is returned for your action.
PERS-83 has
1.
r
C
record should be granted.
contents of Enclosure (1) and determined that
etition to remove a civil conviction from his
Filing of substantiated driving under the influence
2.
conviction is required by Reference (a).
requires adjudication by military or civil authorities that the
member violated Article 111 of the Uniform Code of Military
Justice,
or a civil conviction for driving under the influence.
A substantiated DUI
(DUI)
A thorough review of the record,
3.
maintained at PERS-834, revealed that, while there was
information to imply C
alcohol at the time of the incident, there was neither a formal
record nor adjudication by civil or military authorities that he
had engaged in a substantiated DUI incident.
including local records
been under the influence of
For all the above reasons;
4.
granted.
tition should be
Personnel Progression
Director,
Performance and Security Division
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