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NAVY | BCNR | CY2006 | 07281-06
Original file (07281-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
HOARD FOR Correction OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370~5100




                                                               CRS
                                                               January 2007
Docket No: 7281-06





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 18 January 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 the advisory opinion furnished by the Navy personnel Command, dated 22 September 2006, 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. 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. 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,





         ROBERT D Z SALMAN
 Acting Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1000
PERS—312D1/06
 SEP 22 2006
From:    Commander, Navy Personnel Command
To:      Executive Director , Board for Correction of Naval Records
Via:     Assistant, Board for Correction of Naval Records (Pers—31C)
Subj:    ADVISORY OPI NI ON ICO ENFA
Ref:     (a) BCNR Docket Number
 (b)      SECNAVIN$T 1650.1G (Navy and Marine Corps Awards Manual
1.       The member is nor entitled to any awards and it is our opinion that reference (a) be di~approved.

 2.       Reference (b), article 116, is quoted as follows: “Title 10 U.S. Code, Section 6249 provides that no medal, cross, bar, or associated emblem or insignia ~nay be awarded or presented to any individual if the service after the distinguishing act or period has not been honorable”. The member received an “Under Other Than Honorable Conditions” character of service.
3.       In reference to ibis TAD assignment, he should provide NPCIPERS-312D1
 a copy of his endorsed TAD orders and an entry will be made on his
 service record page History of Assignments (NAVPERS 1070/605).”
4.       In addition, our opinion is that a DD Form 215 be issued to remove the National Defense Service Medal now recorded on his DD Form 214 as provided by paragraph 2 above.



By direction

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