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NAVY | BCNR | CY2005 | 07773-05
Original file (07773-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX    
         WASHINGTON DC 20370-5100



                           TRG
                 Docket No: 7773 - 05
 28 February 2 0 07



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 13 February 2007. 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 an advisory opinion furnished by the Navy Personnel Command, a copy of which is enclosed and your rebuttal thereto dated 24 July 2006.

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 regard, 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. 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 PFIEFFER
                                                                Executive Director



Enclosure




DEPARTMENT OF THE NAVY
          NAVY PERSONNEL COMMAND
 5720 INTEGRITY DRIVE
MILLINGTON TN 38035-0000



 5812
PERS-4832B
21 Dec 2005
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)

 Via:     PERS/BCNR Coordinator (PERS-3LC2)
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATION ON PETITION ICO

End:     (1) BCNR File 07773-05
 (2)      Petitioner’s Microfiche Service Record
1.       The petition and naval records of subject petitioner have been reviewed relative to her request for removal of derogatory material and reinstatement of enlistment eligibility.
2.       The review reveals that petitioner was processed under mandatory conditions for misconduct due to commission of a serious offense in which an administrative board made a finding of misconduct and recommended an Other than Honorable discharge. After careful review, BUPERS (PERS 83) issued authority for discharge and petitioner was subsequently separated. The administrative board and BUPERS considered all documentary evidence provided in the case at that time. All documentation to support the separation has been filed in the microfiche service record. The allegations provided by the victim to child protective care personnel were extremely graphic. In my opinion, petitioner fails to provide any concrete documentary evidence to discount the administrative board’s finding and recommendation in order to support relief. Therefore, favorable action on this petition is not recommended.



Technical Advisor to the
 Head, Enlisted Performance and
Separations Section (PERS-4832)

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