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NAVY | BCNR | CY2002 | 03280-00
Original file (03280-00.pdf) Auto-classification: Denied
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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