DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 505 l-01
4 January 2002
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 a
felony possession and distribution charge. You assert this charge was a mistake.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 3 January 2002. 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
22 August 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. They found nothing in your record reflecting that the marijuana
distribution offense for which you received nonjudicial punishment was a felony. 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.
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
Enclosure
JEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINQTON TN 2805
5-0000
5420
PERS-832C
22 Au g 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
via:
Subj:
Encl:
PERS/BCNR Coordinator (PERS-OOZCB)
(1) BCNR File 05051-01
(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.
112a (2 specifications) of
The review indicates that the petitioner was found
2.
guilty at commanding officer's non-judicial punishment for
l;i:>iaEion of UCMJ Article
dlsLrlbction of marijuana among other offenses.
subsequently processed for administrative separation for
misconduct due to a
to commission of a serious offense, and misconduct due to
drug abuse.
found that he committed misconduct due to commission of a
serious offense and misconduct due to drug abuse.
discharged for misconduct due to drug abuse.
He elected an administrative board, which
pattern of
miscond>uct, misconduct due
He was
He was
The maintenance of those documents
Documentation supporting that significant event should
3.
remain in the record.
is essential to depict the petitioner's character and
background.
official records,
petitioner to show documentary evidence that an error has
occurred or an injustice suffered.
provided no such evidence.
this
and the burden of proof is on the
petitior; is not recommended.
regularjty attaches to
The petitioner has
A presumption of
Therefore,
favorable action on
Head,
Branch (PERS-832)
Enlisted Performance
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