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NAVY | BCNR | CY2001 | 05051-01
Original file (05051-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

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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