DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
LCC:ddj
Docket No: 1184-02
10 September 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 10 September 2002.
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 memorandum 7220 Pers 823 of 22 April 2002, a copy of which is
attached.
Your allegations of error and injustice were
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. 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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
722 0
PERS-823
22 Fpr 02
MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS
(PERS-OOZCB)
Subj:
Ref:
Encl:
, USN, RETIRED,
RECORD
(a) BCNR MEMORANDUM 5420 PERS-OOZCB of
28 Mar 02
( 1 ) PERS-823 Authorization Message to transfer to
The Fleet Reserve
(2) USN DD-214 Transfer to the Fleet Reserve
Per reference (a), A review of BM2
1 .
revealed that subject named member was
Reserve in the correct
enclosures (a) and
UCMJ Art 93
E-6 on 21 May 1992 by Summa
Cruelty and Maltreatment, Art 134 Indecent Assault. He then
received CO's NJP on 19 April 1995 and was reduced to E-5, for
Art 121 Larceny and Art 134 Failure to obey an order.
rank as evidenced by
was reduced to the grade of
t Martial,
rati
(b). BM2
service record
sent to the Fleet
also received a letter of Substandard Service on 29
August 1994.
My POC in this matter is
2.
(901) 874-3250.
he may be reached at
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