DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 1492-06
2 May 06
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 usc 1552.
A three-member panel of the Board for correction of Naval Records, sitting
in executive session, considered your application on 2 May 2006. 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
memorandum 7220 PER5-4823, 4 April 2006, a copy of which is attached.
After careful and conscientious consideration of the entire record, a
majority of 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 also 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
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
7220
PERS-4823
04 April 06
MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-OOZCB)
Subj: COMMENTS AND RECOMMENDATION ICO
Ref: (a) BCNR MEMORANDUM 5420A PERS-3LC2 of 29 Mar 06
1. Per reference (a), A review of request was
conducted. was reduced in grade from to on
24 September 2002 a result of an NJP ART# 86, Unauthorized absence was
caused by a Civilian
Conviction for Aggravated Battery with time already served. was then
processed for Administrative Separation due to misconduct but retained in
the Navy and allowed to go to the Fleet Reserve in a reduced grade. Due to
the seriousness of the offenses, this office cannot recommend request for
relief to a higher paygrade.
2. My POC in this matter is Mr. he may be reached at
By direction
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