DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 8003-00
14 August 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 14 August 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 CMC memorandum 1001 MMEA undated, 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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
1001/l
MMEA
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
CASE OF
We have carefully reviewed
1.
denial of his request for entitlement to full severance pay and
reinstatement as a staff noncommissioned officer.
case and recommend
Mr .
Mari
indicates Marines,
In a 13 November 2000 letter,
2.
ALMAR exists which prohibits
solely on Non-judicial punishment.
Guidance,
"mistakes are not always indicative of future performance."
in an interview with Sea Power magazine a few months
However,
later (Nov 1999) the Commandant clarified his intent, "certain
things no commander can tolerate,
illegal drugs."
such as stealing or taking
023/99, Commandant's
"sometimes make mistakes," and that,
stated he learned an
ing discharged based
ALMAR
(NJP)
On 1 September 1992
3.
Judicial Punishment
Uniform Code of Military Justice.
article 121 by stealing two video tapes.
violated article 107 for making a false official statement to a
commissioned officer and staff non commissioned officer
concerning the theft.
of violating two articles of the
as found guilty at Non
On 22 August 1992, he violated
On 27 August 1992, he
MC0
ALMAR
191/91.
P1040.31,
On 7 May 1996,
Enlisted Career Planning and Retention
the Career Planning Management Section
Mr.-he would not be reenlisted and would only
4.
informed
receive half separation pay per
according to
a Marine must meet all basic reenlistment prequisistes
Manual,
when applying for reenlistment. The above NJP was considered a
core value violation and therefore made Mr.
for reenlistment.
and Retirement Manual,
prerequisites,
Therefore,
deny the request for full severance pay and reinstatement to
staff noncommissioned officer.
only one half separations pay is authorized.
P1900.16E, Marine Corps Separations
MC0
if a Marine does not meet all reenlistment
we recommend the Board for correction of Naval Records
Additionally,
unqualified
Per
5.
Point of contact is
GySgt.
DSN 278-9235.
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