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NAVY | BCNR | CY2001 | 06436-00
Original file (06436-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No: 06436-00
14 June 2001

 

Dear Lieutenariiiiitveiniatinaae

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 7 June 2001. 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 29 November 2000 with

enclosures and 14 February 2001, and a memorandum for the record dated 5 June 2001,
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 opinions. 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

Copy to:

itp cma
DEPARTMENT OF THE NAVY

BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1611
Ser 834C/1103
29 Nov 00

 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR,CORRECTION OF
NAVAL RECORDS

RSa_SC, USNR , -eeieeiiiinsaierimiieia ts.

Ref: (a) BCNR memo 5420 PERS-O0OZCB of 3 Nov O00
(b) SECNAVINST 1420.1A

 

Encl: (1) BCNR file 06436-00
(2) CHNAVPERS ltr 1426 of 6 Jul 00
(3) Report of the Board of Inquiry ICO

L ai, sc, USNR

1. Reference (a) requested comments and recommendations
concerning the removal 0 MMe: Oermanent promotion to
lieutenant. Enclosure (1) is returned as a matter under the
purview of BCNR.

2. Per reference (b), the Secretary of the Navy may remove the
name of an officer from a promotion list if the officer is
mentally, physically, morally, or professionally unqualified.

As indicated by enclosure (2), the Secretary was aware of all of
the issues that have been presented to the BCNR when he reviewed

RRREERRRIGE o 5 =. LT G_aiienaay was determined to be not

professionally qualified for permanent promotion to lieutenant.
3. The quoted statements from the senior Board member that were
provided by pene - incomplete and out of context. As
shown by enclosure (3), the senior member was e plaining the
Board of Inquiry's decision to retaix——— ies
counseling him to improve his performance in the future.

  
 

4. As this removal action was consistent with applicable
directives and the handling of similar cases, and the Secretary
of the Navy was aware of all the issues that have been presented
to the BCNR, I do not recommend relief be granted to LTJG

RAAT II matter.

 

Commander, U.S. Navy
Director, Personnel Performance &
Security Division (PERS-83)
Va

DEPARTMENT OF THE NAVY

BUREAU OF NAVAL PERSONNEL
3720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1426
6 Jul 00

From:
TO:
Via:

 

Sub}: REMOVAL OF YOUR NAME FROM THE FY-99 ACTIVE LIEUTENANT

STAFF PROMOTION LIST io «=
Ref: (a) SECNAVINST, 1420.1A
Encl: (1) CHNAVPERS ltr 1421 of 10 Apr 00

1. You are hereby officially notified that the Secretary of the
Navy has removed your name from the FY-99 Active Lieutenant Staff
Promotion List per reference (a). Enclosure (1) pertains.

2. A copy of this letter and enclosure (1) will be filed in
your official record. Accordingly, you are afforded the
opportunity to comment on this information prior to its entry
into your official record. If you desire to comment on this
action, please forward your statement within fifteen days of

receipt of this letter.

 

 
   

y direction

cree a mee

"FINISH FILE PERS-834C FICHE 5"

Sf
B

DEPARTMENT OF THE NAVY

CHIEF OF NAVAL PERSONNEL

WASHINGTON, D.C. 20370-5000 " oT REFER TO

10 APR 2000

From: Chief of Naval Personnel
To: Secretary of the Navy

Subj: REMOVAL OF PERMANENT PROMOTION TO LIEUTENANT ICO

Lijgm_—immirmerDs, SC, US

Ref: (a) oe INSS 1420.1A

 
 

‘a received nonjudicial punishment on

17 October 1998 for violation of the UCMJ, Article 92 (eight
specifications), dereliction of duty. Specifically, while

sery as Sales Officer onboard USS NICHOLAS (FFG 47), :
siportthcowesss =: to notify the commanding officer of several
money shortages, including the theft of an undetermined amount of
money from a filing cabinet. eee also found to be

in violation of several requirements governing the management of

the Ship Retail Operations. BRERA eee © awarded a punitive

letter of reprimand. Commander, Naval Surface Force, U.S.
Atlantic Fleet; Commander, Destroyer Squadron EIGHTEEN; and

Commanding Officer, USS NICHOLAS recommend 

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