DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
Y
S
CRS
Docket No:
28 February
3280-00
2002
Dear
This is in reference to your application for reconsideration for
correction of your naval record pursuant to the provisions of
Title 10, United States Code, Section 1552.
27'February 2002.
A three-member panel of the Board for Correction of Naval
Records, sitting-in executive session, considered your
application on
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
opinions furnished by Headquarters Marine Corps dated 24 August
and 8 September 2000, copies of which are attached.
Documentary material considered by the Board consisted
In addition, the Board considered the two advisory
Your allegations of error and
of
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.
The names and
votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially
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
2
DEPARTMENT OF THE NAVY
HEADOUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX
WASHINGTON, DC
20380-1775
IN REPLY REFER
To
107
0
JAM1
MEMGRANDliM
['OR
Tilf,:
EXECUTTVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
Sllh
j :
Enc 1:
i‘ORRECTION OF NAVAL
RECORDS
APPLI('ATION
FOR
ROARi,
IN
USMC (RET.)
T1iE CASE OF LCPL
(11
(2)
I!? Jan 94,
27
Memorandum for Executive Director, RCNR
Sep 94, Memorandum for Executive Director, BCNR
(1) and
In enclosures
(NJP's) he received on
(2), we previously addressed
1.
Petitioner's request for relief based on his assertion that the
nonjudicial punishments
and 21 September 1989 were inappropriate.
earlier responses
NJP's,
e
1-
t 1
e
; 0 I?
P
f"
s’
held
:?elng
Cjrdri:- ‘a:i
dpprapr-ate
T
:Iddit_?onal
counsel,
are
placing particular emphasis on the fact the investigation
t
ori
relict by his regimental commander.
+-egarding the appropriateness of Petitioner's
evidence submitted by Petitioner and his
Febr:lary 1989 resulted in his
third opinion.
now asked to
We rely on our
provide? a
light
0;
we
NJF’
21
r-1
27 February 1989
L.
?
r3naiy.si.s
We recommend
w
(2 i
i o
f
Petitloner's
reque:;t for relief be
deniecl.
011
l-
s
.
The only
Analysis.
"new and material" evidence that the
3.
Petitioner submits is a letter from Petitioner's regimental
sergeant major, Sergeant Major
Contrary to Petitioner's assert
"yet another dimension" to the
While Sergeant Major
-elates first hand knowledge of Petitioner's first NJP
and the subsequent investigation of that NJP, this information
cas:.
I USMC (Ret.).
ce does not add
with information provided previously.
possesses no first hand knowledge concerning
Sergeant
He does, however,
Petitioner's second NJP.
that he took from records already before BCNR and from
conversations with Petitioner's attorney.
information,
consistent with evidence reviewed by BCNR and this office in the
past.
disagreement with this office's previous opinions; his
disagreement, however,
like the other information he provides, is
does not provide grounds for relief.
w expresses his
Sergeant Major
Finally,
This second hand
relay information
Subj:
BOARD FOR CORRECTION OF NAVAL RECORDS
IN THE CASE OF LCPL
USMC (RET.)
D
(BCNR) APPLICATION
4.
Conclusion.
This additional information is not "new and
material"
reasons noted,
and does not alter our previous analysis.
tht> requested
recomrnene
the
dellied.
Head,
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