DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No:
5292-01
21 February
2003
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.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 21
February 2003. 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 opinions furnished by the Navy Personnel Command dated 26
March and 1 April 2002, copies of which are 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 dated 1 April 2002. Accordingly, 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
Enclosures
DEPARTMENT OF THE NAVY
NAVY PERSON ~~EL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
PERS 313D1
26 March 2002
MEMORANDUM FOR ASSISTANT FOR BCNR MATTERS (PERSOOXCB)
Subj: CORRECTION TO THE PERMANENT RECORD
USN
End: (1) Your ltr PERS-OOZCB of 27 July 2001
1. A review of member’s record indicates the correction can not
corrected without first being reviewed by PERS-821, for report routing and
disposition of Medica1 Board findings to the permanent record.
Control Unit
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-
1850
PERS-821
1 Apr 02
MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-OOZCB)
Subj: REQUEST FOR ADVISORY OPINIONS RE: CORRECTION TO THE PERMANENT
RECORD OF
Ref: (a) Your ltr 5420 Pers-OOZCB of 28 Mar 02
(b) NAVPERS 15560C (Military Personnel Manual, Article
January 2002 release
1. Per reference (a), reference (b) sets forth the requirements for
certain documents to be placed in a service member’s permanent record.
Among the numerous documents that become a part of a member’s
permanent record, medical information is included. Reference (b)
directs that any medical information in the form of: Medical
examination reports, medical history reports, medical board
examination findings, medical board physical evaluation board
hearings, and limited duty assignment approvals (medical board) are to
be submitted to NAVPERSCOM (PERS-313) for placement in a member’s
permanent record.
2. Reference (b) additionally sets forth policy regarding access
and release of information contained in a member’s permanent record.
If security issues are of concern to Petty Officer it is
recommended that he review MILPERSMAN Article 1070-080.
3. In light of the guidance set forth in reference (b), it is
recoin ed that the medical information contained in Petty Officer
permanent record remain in place. Additionally, if Petty Officer
medical issues have been resolved, and he has been returned to a FULL
DUTY status, that he submit a copy of all pertinent documentation to
NAVPERSCOM (PERS-3l3D) for inclusion in his permanent record.
4. If there are regarding this matter, I can be reached
By direction
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