DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
15 August 2001
1718-01
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 August 2001.
injustice were reviewed in
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 6 July 2001,
a copy of which is attached.
accordance.with administrative
Your allegations of error and
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.
concurred with the comments contained in the advisory opinion.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially
The names and
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
Enclosure
2
DEPARTMENT OF THE
‘-)
HEADQUARTERS UNITED STATES MARINE
20380-1775
2 NAW ANNEX
WASHINGTON, DC
NAVY
,I-
CORPS
’
IN REPLY RE FER TO :
1070
JAM4
6 JUL
iud
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) APPLICATION
Ref:
(a) Manual for Courts-Martial,
Part V,
¶ 6d
United States (2000 ed.),
We are asked to provide an opinion on Petitioner's request
1.
for the removal from his service record book (SRB) and his
official military personnel file (OMPF) of all entries related
to his non-judicial punishment (NJP) of 22 August 1998.
2.
analysis follows.
3.
We recommend that the requested relief be denied.
Background
our
a.
On 20 July 1998,
Petitioner violated the Marine Corps
Recruit Depot's standard operating procedure by requiring his
recruits to throw their boots into the center of the squad bay
and the ordering them to quickly retrieve their footgear.
result of his actions,
footgear for the next several training days.
physically injured as a result of Petitioner's actions.
some of his recruits wore the wrong
No recruit was
As a
b.
On 2 September 1998,
Petitioner received NJP for
disobedience of a lawful order in violation of Article 92 of the
Uniform Code Of Military Justice (UCMJ).
a forfeiture of $363.00 pay per month for 1 month.
of pay was suspended for 2 months.
Petitioner was awarded
Forfeiture
app_eal.
Petitioner did not
C .
On 7 February 2001,
the commanding officer who imposed
Petitioner's NJP requested that BCNR remove all record of
Petitioner's NJP from Petitioner's SRB and OMPF.
Analysis.
Petitioner's NJP was neither illegal nor unjust.
4.
Thirty months later,
promotion by the CYOO Staff Sergeant Selection Board,
Petitioner's former commanding officer recommends that
Petitioner's NJP be set aside.
officer makes this recommendation because he is concerned_ about
after Petitioner was passed over for
Petitioner's former commanding
Subj:
Thirty months ago, however, when the
the impact Petitioner's NJP record might have on Petitioner's
opportunity for selection from the above zone by the
Sergeant Selection Board.
facts and circumstances of Petitioner's misconduct were fresh,
Petitioner's commanding officer made the decision to impose NJP.
Petitioner accepted NJP and did not appeal.
Reference (a)
authorizes commanding officers to set aside NJP within a
reasonable time in order to rectify a clear injustice.
connection,
failure of selection, however, does not constitute a clear
injustice as envisioned by reference (a).
therefore,
commanding officer believed a clear injustice had occurred,
absent unusual circumstances he had four months in which to set
aside the NJP.
4 months is considered reasonable.
should not be disturbed.
Petitioner's NJP,
Moreover,
if Petitioner's
CYOl Staff
In this
Petitioner's
Conclusion.
5.
Petitioner's request for relief be denied.
For the reasons noted, we recommend that
Head,
Judge Advocate Division
Military..LTw Branch
NAVY | BCNR | CY2002 | 06339-01
second specification, because the verbal order given to him by his commanding officer, not to put salt in recruit canteens, conflicted with standard operating procedures follow the verbal order. Petitioner claims that the order was passed during command briefing where he was not present, and that neither the SOP nor the operations order addressed the issue. Petitioner's claim that his NJP was unjust because a verbal order given to him by his commanding officer, not to have Subj: BOARD FOR...
NAVY | BCNR | CY2001 | 03156-01
You also made new requests to remove your relief for cause from recruiting duty, which was requested on 5 April 1999; your nonjudicial punishment of 29 March 1999; and your service record page 11 counseling entries dated 17 and 24 February 1999. We are asked to provide an advisory opinion on Petitioner's request for the removal from his Service Record Book (SRB) and his official military personnel file (OMPF) of all references to his nonjudicial punishment (NJP) of 29 March 1999 and...
NAVY | BCNR | CY2001 | 08458-00
1070 JAM4 1 1 JUN 2001 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) APPLICATION We are asked to provide an opinion 1. for the removal from his service record book (SRB) and his official military personnel file (OMPF) of all entries related to his non-judicial punishment (NJP) of 17 June 1994. on Petitioner's request _.- We recommend that the requested relief be denied. Petitioner, however, his record...
NAVY | BCNR | CY2002 | 08387-01
Petitioner denied that the applicant Petitioner was offered, and he accepted, NJP. Analysis a. Petitioner claims that his NJP was unjust because he believes the preliminary inquiry into his misconduct contained "inconsistencies" a statement Petitioner made at the NJP. The record of the NJP reveals that the NJP was just.
NAVY | BCNR | CY2001 | 08343-00
2 DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 2 NAVY ANNEX WASHINGTON, DC 20380-1775 IN REPLY REFER TO: 1070 JAM7 1 5 AUG 2001 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: BOARD FOR CORRECTION OF NAVAL RECORDS SERGEAN ERY MC (BCNR) APPLICATION Our The 17 Background. We are again asked to provide an opinion on Petitioner's request for the removal from his official military personnel file (OMPF) of the 17 December 1996 letter from his...
NAVY | BCNR | CY2002 | 03660-02
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. On 11 November 1998, Petitioner made an official written statement to the officer assigned to conduct an investigation into the accident for the purpose of making a line of duty / misconduct determination. Petitioner's NJP or the conduct of his BOI.
NAVY | BCNR | CY2001 | 05781-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. (LCpl), forfeiture of Analysis He was awarded a a. Petitioner now asserts that his NJP was unjust because there was insufficient evidence to support the charge; because the legal advice he received was not in his...
NAVY | BCNR | CY2001 | 03117-01
Petitioner's claim that his NJP of 28 April 1987 should be expunged because he was subsequently tried by SPCM for the same offense is without merit. Petitioner's disobedience constituted a d. Petitioner's claim that his SPCM conviction should be Petitioner's Petitioner erroneously Neither his NJP on 28 April With respect to the NJP of 28 April 1987, expunged because it is the result of his refusing the punishment of an unjust NJP is without merit. Accordingly, we recommend that...
NAVY | BCNR | CY2001 | 04575-01
of the report. 1070 JAM8 A& 2 7 ‘LUJi MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: BOARD FOR CORRECTION OF NAVAL IN THE CASE OF STAFF SERGEANT SMC LICATION We are asked to provide an opinion on Petitioner's request 1. for the removal from his service record book (SRB) and official military personnel file (OMPF) of all entries related to the nonjudicial punishment (NJP) he received on 16 November 1999. the Petitioner admit receiving NJP, but other command...
NAVY | BCNR | CY1999 | 08332-98
They also considered the evidence considered at your nonjudicial punishment (NJP) proceedings, and your counsel’s undated rebuttal letter. The punishment imposed upon Petitioner and Petitioner does not deny the In reviewing Petitioner's case, however, Accordingly, we recommend that Petitioner's request for 7 . The uncontroverted matter of fact relative to removal of the fitness report Unless and until The Board's opinion, 4. vote, is that the contested fitness report should remain a...