DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC

 

20370-51.00  

TRG

Docket No: 7569-00
28 August 2001

Dear

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.

the1Board for Correction of Naval Records,

considered your application on 28

Your-*allegations of error and injustice were reviewed

A three-member panel of  
sitting in executive session,
August 2001.
in accordance with administrative regulations and procedures
Documentary material
applicable to the proceedings of this Board.
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.
Board considered the two advisory opinions furnished by Headquarters
Marine Corps and the analysis of the Joint Travel Regulations which
was prepared in your case,

copies of which are enclosed.

In addition, the

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.
of the members of the panel will be furnished upon request.

The names and votes

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
Consequently, when
regularity attaches to all official records.
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

2 NAVY ANNEX

WASHINGTON, DC 20380-1775

IN REPLY REFER TO.

1070
JAM4
11  JUN 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) APPLICATION

Encl:

(1) Page 11,
(2) Page 12,

Petitioner's SRB
Petitioner's SRB

We are asked to provide an opinion on Petitioner's request

1.
to be reinstated to the rank of lance corporal because his
reduction in rank at his non-judicial punishment (NJP) of
August 1998 was unjust.

  31

We recommend that the requested relief be denied.

2.
analysis follows.

Our

3.

Background

a.

On 14 January 1998, Petitioner received a page-11 entry

in his SRB for financial irresponsibility.
that Petitioner was previously counseled for financial
irresponsibility in August of 1997.

This entry indicates

b.

On 13 February 1998, Petitioner received a page-11 entry

in his SRB for violating Article 134 of the UCMJ by writing
worthless checks in the amount of $410.00.

C .

On 8 August 1998, Petitioner received NJP for writing a

worthless check for $208.53 in violation of Article 134, UCMJ.
Petitioner was awarded a reduction in rank to private first
class.

Petitioner did not appeal.

4.

Analysis

a.

No legal error occurred in the imposition of NJP.

(1) he suffered from a chronic adjustment

Petitioner, however, now asserts that his reduction in rank was
unjust because:
disorder and was involved in a domestic situation when he wrote
(2) he received pay on the day he wrote the
the worthless check;
(3) the date of the worthless check was
worthless check, and;
incorrectly recorded in the NJP findings.

 .

-.

Subj:

BOARD FOR CORRECTION OF NAVAL RECORDS

(BCNR) APPLICATION

b.

Petitioner-./s claim that his reduction in rank was unjust

because he suffered from a chronic adjustment disorder and was
involved in a domestic situation is without merit.
Petitioner
provides no evidence establishing that he suffered from a mental
Moreover,
disorder or was experiencing domestic difficulties.
even if he provided evidence to that effect, the mitigating
influence of that evidence would be insignificant because
Petitioner had repeatedly been counseled for financial
irresponsibility.
NJP for a separate minor offense.
misconduct, the punishment Petitioner received appears not only
just, but also lenient.

Furthermore, Petitioner had recently received
Given Petitioner's pattern of

C .

Petitioner's claim that his reduction in rank was unjust

because he received pay on the day he wrote the worthless check
is specious.
Despite being repeatedly counseled concerning his
financial irresponsibility,
Petitioner elected to write a check
without sufficient funds in his account to cover it.
opportunity to review Petitioner's financial records (e.g. bank
statement and check ledger),
the fact that Petitioner received
pay on the day he wrote the check is not material.
Generally
individuals may write checks in anticipation of pay, however,
once pay is credited to an account, disbursement of funds is
made regarding checks already presented for payment.
words, we can infer that there were insufficient funds in
Petitioner's account at the time the check was presented to the
bank for payment.

In other

Without an

d.

Petitioner's claim that the date of the worthless check
he wrote was incorrectly recorded in the NJP findings is without
Unit punishment book records are destroyed after   2
merit.
years, therefore, it is not possible to verify Petitioner's
claim that the NJP findings were factually incorrect.
Petitioner, however,
accepted NJP after being afforded the
opportunity to consult with an attorney. We, therefore, can
infer from Petitioner's decision to accept NJP and his decision
not to appeal his punishment that he did not believe the
imposition of NJP or the punishment awarded to be unjust at the
time they were imposed.
attaches to official records,
the burden is on the Petitioner to
establish any irregularity.
Petitioner, however, fails to
provide any evidence that the NJP findings were incorrect.
Moreover, even if the date of the worthless check was
incorrectly recorded,

that administrative error is harmless

Given that a presumption of regularity

2

Subj:

BOARD FOR CORRECTION OF NAVAL RECORDS

(BCNR) APPLICATION

because it does not alter the fact that Petitioner committed the
offense for which he was punished.

Conclusion.

5.
request for relief be denied.

Accordingly, we recommend

that Petitioner's

.-

“ TE
Judge Advocate Division

Military Law Branch

r

30 Jan 95 Enlisted USMC active duty

31 Jan 95

arrived

Parris Island Recruit Training

21 Apr 95

departed

Parris Island 10 days leave  

enroute to

2 May 95

arrived 

,

25 May 95

departed

26 May 95

arrived

- Cmbt Tng

enroute to

- Test
MCLB Albany GA
Measurement Diag Equipment Repair  
13 Mos 

1st School  

camp 11 mos

-

- School

Dependents were moved at government expense to Albany GA;
however, when he received orders to go to School New River JAX NC
for personal reasons the dependents moved back to NY at personal
expense.
travel from NY to JAX NC.

Petitioner now claiming travel pay for dependents to

15 Apr 96

departed

MCLB Albany GA  

enroute to new River NC

20 Apr 96

arrived

MCAS New River Jax NC  

- Helicopter  

Mech

Sch

Aug 96 graduated Helicopter  

Mech School and assigned PCA

Unit on New River JAX NC

to

Petitioner is not eligible for travel of dependents from New
to New River, JAX, NC since the dependents were not authorized
travel to designated location because the course of the school
was less than 5 months.
dependents to New York when they left Albany, GA and he proceeded
to New River, JAX, NC.

Petitioner paid for the travel of

York

In accordance with Joint Federal Travel Regulations, Vol 1,
U5218 he is entitled to travel pay for his dependents not to
exceed the distance from the Petitioner's old duty station
(Albany, GA) to the new duty station, New River, JAX, NC.

 

para

c

Permanent Dutv Travel

?

i

u5220

begins. (NOTE: 
days after 
is based on 
after 

the effective date 

the  effective date 

When travel begins  more than 60
ordera,entitlement
60th 
day-

the dependents' ages on the 

oftbe 

oftbe orders.)

E.
Revoked After 

Orders Amended, Modified. Canceled or
When PCS orders are:

TravelBenins. 

1. amended or modified after the date the
dependents begin travel (circuitously or
otherwise)and a new PDS is designated, or
the PCS orders are canceled orrevoked,

2.

that 

Deuendents 

they received notification  

dependents' travel and transportation allowances are
the distance
authorized. Allowances are payable for 
from the place  dependents began travel to the place  at
which 
the orders were
amended,modifred,canceled  orrevoked,and then to
the
the new PDS or return to the old PDS, up to 
travel and transportation allowances for  
the distance
then
from the old PDS to the first-named station and  
to the  last-named station orretumto  
oldPDS.
the 
F. 
TemDorarilv Absent From the Old
When PCS
PDS. Designated Place or Safe Haven  
Orders Are Received.
When dependents are
temporarily absent from the old PDS, designated
the member receives PCS
place or safe haven when 
orders, 
the member is entitled to dependents' travel
and transportation allowances from  
the old PDS,
designated place or safe haven to 
the new PDS,
the old PDS,
the dependents return to  
provided 
designated place or safe haven and  travel from   there
totbenewPDS(B-195643,April24,1980).
G. Change of Station While on Leave or TDY.
When a member receives PCS orders  
while on leave
the member is entitled to dependents'
or on TDY, 
alIowances for dependent
travel and transportation  
 up  to 
the old to
travel
thenewPDS.
H. Dependents En Route to 
the
the New PDS at 
ofthe Member's Death. When a member dies
Time 
after dependents begin  travel under  PCS orders, 
they
are entitled to dependents travel and transportation
allowances for travel from the place travel began to
the  place  atwhichtbey were notified  
oftbe member's
death, up to travel and  
transportation allowances for
the distance from 
the ordered new
the old PDS to 
PDS. For 
I. 
Effective Date of a Member's PCS Orders.
A
member,

the entitlement for  travel from  

furtberentitlement,seepar.U5241.

the Service After tbe

Serrarates from 

SDouse 

+

whoperformaPCStravel,and

,I. 
2. whose spouse on 
order is a member, but separates from 
Service thereafter,

the effective date of that
the

entitled to dependents'

is
transportation allowances for  
cost for travel from 
the member's PDS 

onthat

PCS travel and
that spouse up to 
the
1astPDS to

the separated spouse's 

 PCS  order.

J. Legal Custodv of Children Changes After the
Effective Date of PCS Orders. A member who is
travel and transportation
denied dependents'
forachildorchildrenbypar.U5203-B2f,
allowances 
the member is granted legal
is entitled thereto if 
custody/legal joint custody, or otherwise 
lawful!y
acquires such custody after 
the effective date of the
Examples of lawfully
member's PCS orders.
acquired custody include custody acquired as 
the
result of 
the non-member custodial
parent or a child's election to join a member
following 

ofa court order at18 years 

death of 

ofage.

the 

lapse 

U5218 

TRAVEL INVOLVING OTHER THAN
MEMBER'S OLD PDS OR OTHER
THANMEMBER'SNEWPDS

(NOTE: This paragraph doesn ’t apply to travel to
and/or from a designated place as defined in
Appendix A. Places at which dependents reside and
from which the member commutes daily to the PDS
aren’t places “other than the old PDS” or “other
than the new PDS. 

“)

A member in receipt of PCS orders is entitled to
dependents' travel and transportation allowances
fromotbertbantbe  old PDS 
other 
the
than  
new PDS up to 
the old to 
the
new PDS. Whentransoceanic  travel  is  involved, see
pars.U5205-B andU5210.

and/orto 
the entitlement from 

U5220 

DEPENDENTSJOINORACCOMPANY
MEMBER DUR I NG TDY EN ROUTE

orjoin a
A. General. 
When dependents accompany  
member performing TDY en route between two
PDS's, entitlements for dependents' 
travel and
transportation allowances are based on 
the travel
actually 
and per  diemrates
prescribedin 
the greater
oftbe following:

subpars. B and C,limitedto 

performedusing mileage 

Ch. 140  

811198

u5c-7

DEPARTMENT OF THE NAV

Y

tiEADQUARTERS  UNITED STATES MARINE CORPS

3280  RUSSELL ROAD
 

QUANTICO, VIRGINIA 221

34-5103

IN 

REPLY  REFER   TO :

1650
MMMA-3
28JunOl

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAvAL  

RECORDS (BCNR)

Subj:

REQUEST FOR ADVISORY OPINION(S) REGARDING VERIFICATION OF
ENTITLEMENT TO A.SOUTHWEST ASIA SERVICE MEDAL IN THE CASE
OF

FORMER Marine.

Based upon review of the records provide

1.
not entitled to a Southwest Asia Service Medal, he did not
participated in an operation that was authorized this award.

is

2.

A point of contact at MMMA is

  Mr

784-9210.

Head, Military-Awards Branch
Personnel Management Division
by direction of the
Commandant of the Marine Corps