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NAVY | BCNR | CY2001 | 05291-01
Original file (05291-01.doc) Auto-classification: Denied

                           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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