DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 7644-00
12 December 2001
Dear Petty 0
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.
As indicated in the attached memorandum dated 18 January 2001, the Navy Personnel
Command (NPC) has directed removal of the contested narrative summary, dated
9 April 1981 (document 4-9).
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 December 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 opinion furnished by NPC dated 15 December 2000, 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 warranting removal of the remaining contested document, the Drug Disposition
Recommendation dated 31 January 1981 (document 9-9). In this connection, the Board
substantially concurred with the comments contained in the advisory opinion. Accordingly,
your application for relief beyond that effected by NPC 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
injustice.
.demonstrate the existence of probable material error or
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosures
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
5420
PERS-832C
Dee 00
15
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF
NAVA: RECORDS (BCNR)
Via:
PERS/BCNR Coordinator (PERS-OOZCB)
Encl:
(1) BCNR File
(2) Petitioner's Microfiche Record
07744-00
1.
The petition and naval records of subject petitioner
have been reviewed relative to his request for removal of
derogatory material.
The review reveals that the petitioner went to NJP for
sucessfully
and was retained and warned
2.
wrongful use and possession of marijuana.
completed drug rehabilitation
by PERS-83 on 12 Aug 81.
significant event should remain in the record.
of those documents is essential to depict the petitioner's
character and background,
unsatisfactory conduct, to serve as a possible
Documentation supporting that
and in conjunction with any other
Maintenance
He
_ consideration for future administrative action. A
L
There is no way to verify whether or
oetitioner used druqs other than alcohol and marijuana
presumption of regularity attaches to official records, and
the burden of proof is on the petitioner to show
documentary evidence that an error has occurred or
injustice suffered.
not
as stated in his
contained on t
conflict with
9) regarding drug usage and amounts.
that petitioner did not have a high school diploma and the
DD 1966 states that he did upon enlistment.
is recommended that only page 4-9 be removed from the
record to eliminate the conflicting information.
ument (page 4-9) does
n Recommendation (page
9-
Also page 4-9 states
the information
Therefore, it
Head, Enlisted Performance
Branch (PERS-832)
DEPARTMENT OF THE NAVY
NAVY
PERIONNEL COMMAND
5720
INTEQRITY DRIVE
MILLINDTON TN
28055-0000
5420
PERS
18 Jan 01
313D1/840
MEMORANDUM FOR ASSISTANT FOR BCNR MATTERS
(PERSOOXCB)
Subj:
CORRECTION TO THE
PERWENT RECORD
Encl:
ltr PERS-OOZCB Of 3 Jan 01
(1) Your
(2) BCNR Docket No. 7644-00
(3) Removed images
(4) Corrected record
1. A review of member's record indicates the correction as
directed by enclosures (1) and (2) are completed.
2. Enclosures (1) through
(4)
a
y Control Unit
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