DEPARTMENTOFTHENAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 03466-03
8 September 2003
From:
To:
Subj
:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AC
REVIEW OF-NAVAL RECORD
u s
(a)
(1)
(2)
(3)
(4)
Title 10 U.S.C. 1552
DD Form 149 dtd 22 Apr 03
PERS-832B memo dtd 19 Jun 03
PERS-663 memo dtd 31
Subject’s naval record
JulO3
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the OPNAV 5350-2 Drug and Alcohol Abuse Report
(DAAR) dated
17 November 1992, concerning drug screening. A copy of this report is at Tab A.
2. The Board, consisting of Messrs. Adams, Geisler and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 28 August 2003, and pursuant to its regulations,
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
In correspondence attached as enclosure
(NPC)
office having cognizance over enlisted performance has commented that Petitioner has no
record of disciplinary action or administrative separation regarding the incident in 1992.
(2), the Navy Personnel Command
C.
In correspondence attached as enclosure
(3), the NPC office having cognizance over
the Navy Alcohol and Drug Abuse Prevention Program has commented to the effect that
Petitioner’s request has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (2) and
following corrective action.
(3), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected by removing the OPNAV Form 5350-2
Drug and Alcohol Abuse Report
(DAAR) dated 17 November 1992 (two pages).
b. That any material or entries inconsistent with or relating to the Board
recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.
’s
’s record and
C. That any material directed to be removed from Petitioner
’s naval record be returned
to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner
s naval record.
’
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
JONATHAN S.
Acting Recorder
RUSKIN
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
Executive Director
DEPARTMENT OF THE NAV
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
c
Y
D
542 0
PERS-832B
19 Jun 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
Via:
PERS/BCNR Coordinator (PERS-OOZCB)
Subj:
AC1
~~~-:.v,-.--k-
‘
*a
Encl:
(1)
(2)
BCNR File 03466-03
Petitioner's Microfiche Record
The petition and naval records of subject petitioner
1.
have been reviewed relative to his request for removal of
derogatory material.
The review reveals that the petitioner has no record of
2.
disciplinary action or administrative separation regarding
The Drug and Alcohol Abuse Report
the incident in 1992.
Therefore,
form comes under the cognizance of PERS-60.
this petition should be forwarded to that code for opinion
regarding removal.
Technical'kdvisor to the
Head, Enlisted Performance
Branch (PERS-832)
DEPARTMENT OF THE NAV
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
D
5355
PERS-663
31 Jul 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD OF CORRECTION
OF NAVAL RECORDS (BCNR)
Subj :
AC1
USN
Ref:
(a) Pers-OOZCB memo 5420 of 30 Jun 03
In response to reference (a),
1.
Drug Management Information Tracking System (ADMITS) have been
reviewed to consider subject named member's request for removal
of derogatory material.
naval records and Alcohol and
Based on command's determination that an incident of drug
recommend removal of Drug and Alcohol Abuse
2.
abuse did not occur,
Report
(DAAR) from subject member's naval records.
o can be reached at
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