DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 824-00
12 December 2001
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 12 December 2001. 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 Headquarters Marine Corps, dated
20 March
attached.
2oo0, and a memorandum for the record, dated 5 July 2000, copies of which are
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, amended as indicated in the memorandum for the record.
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 PFEIFFER
Executive Director
Enclosures
DEPARTMENT OF THE
NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280RUSSELL ROA
D
QUANTICO, VIRGINIA 22 134-5 103
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
E CASE OF LANCE CORPO
We reviewed Lance Corpora
1.
documents concerning his requ
3.0/3.0 dated 19990131 from his service records.
pplication and supporting
moval of the PRO/CON marks
MC0
P1070.12J, Marine Corps Individual Records Administration
(IRAM), paragraph 4007, provides guidance to commanders in
2.
Manual
reporting conduct and duty proficiency markings, authorizes
commanders to make Service Record Book (SRB) entries on the
Record of Service (ROS) and retention of the ROS for future
visual reference of previously reported markings.
However, paragraph
Commanders have full discretion in assigning marks outside
3.
the standards set forth in
reasons.
reason other than a court-martial or nonjudicial punishment by a
page 11 entry for assignment of conduct marks below 4.0;
paragraph
assignment of proficiency marks below 3.0.
4007.7~ requires documenting by a page 11 entry for
P1070.12J for good and sufficient
4007.6~ requires documenting for any
MC0
The following comments concerning Lance Corporal
4.
request for removal of the PRO/CON marks are provided:
a.
Lance Corpor
marks on 19990131.
s assigned below average PRO/CON
b.
Lance Corporal
Administrative Remarks
of below average conduct marks.
s not the subject of a derogatory
entry pertinent to the assignment
C .
Telephonic liaison with Lance Corpora
SRB
custodian, Marine Aircraft Group 42 administrative section,
commercial telephone number (770) 919-6435, supports his claim
that he did not receive a
mark".
below average conduct marks.
Derogatory information is required for assignment of
"page 11 entry to support a 3.0 conduct
d.
The assignment of 3.0 conduct marks on 19990131 are not
within the guidelines and standards set forth in paragraph
4007.6~ of the
IRAM.
. Subj:
BCNR APPLICATION IN THE CASE OF LANCE CORPORAL
SMCR
5.
In view of the above,
it is recommended that:
a.
marks
Lance Corpora
equest for removal of the
3.0/3.0 dated 19990131 be disapproved.
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