Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 06290-02
Original file (06290-02.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N O F N A V A L   RECORDS 

2  NAVY  ANNEX 

W A S H I N G T O N   DC  2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  6290-02 

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 7 May  2003.  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 
with a$l rqqterial sMb~ittgSi in fvppert 

qg,pl&atian,  tcg$&her 

thereof, your naval record and applicable statutes, regulations 
and policies.  In addition, the Board considered the advisory 
opinion furnished by Headquarters Marine Corps dated 14 February 
2003, a copy of which is attached.  The Board also considered 
your rebuttal statement of 19 March 2003. 

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. 
The Board also considered your 
Medal but could not find any evidence that such an award was 
recommended or approved.  Additionally, the Board does not 
reimburse individuals for the loss of military equipment. 
Accordingly, your application has been denied.  The names and 
votes of the members of the panel will be furnished upon request. 

Lox  the Navy Achievement 

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  a n  official naval 
record, the burden  is on the applicant to demonstrate the 
existence of probable material  error or  injustice. 

Sincerely, 

W.  DEAN  PFEIF 
Executive Dir 

Enclosure 

I 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARINE CORPS 

2 NAW m E X  
WASHINGTON. DC 2-1775 

I 

IN REPLY REFER TO: 

1070 
JAM4 
FEB  1 4  2003 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL 

RECORDS 

Subj:  BOARD FOR CORRECTION OF NAVAL RECORDS  (BCNK) APPLICATION 

IN THE CASE OF FOR ME^ 

USMC 

1.  We are asked to provide an opinion on Petitioner's  request 
for reinstatement to the grade of sergeant, paygrade E-5. 
Petitioner was reduced in grade as a result of thc~ non-judicial 
punishment  (NJP) he received on 1 September 2001. 

2.  We recommend that the requested relief be denj 
analysis follows. 

ed.  Our 

3 .   Background 

a.  On 3 0   August 2001, the Commanding Officer, Battalion 

Landing Team 2/1, 11th Marine Expeditionary Unit, Camp 
Pendleton, California, imposed NJP on Petitioner for larceny of 
two switchblades from a Navy petty officer, in violation of 
Article 121 of the Uniform Code of Military Justice.  Petitioner 
was reduced to the grade of corporal (paygrade E-4), restricted 
to specified limits for 45 days, and awarded forfeiture of 
$ 7 5 0 . 0 0   pay per month for 2 months. 

b.  Petitioner appealed the NJP in his letter of 2 September 

2001.  In the letter, Petitioner took "full responsibility" and 
admitted he was wrong to take the switchblades from the petty 
officer.  As a result of Petitioner's appeal, the Commanding 
Officer, Battalion Landing Team 2/1, suspended the forfeitures.' 

c.  On 4 December 2001, the Commanding Officer  Battalion 

Landinq Team 2/1, vacated the suspension and order-theimnosed 
forfeitures executed.  This action was taken following 
additional minor offenses against the UCMJ committed by 
Petitioner. 

4.  Analysis.  Petitioner claims that his NJP was unjust because 
he did not commit misconduct and was not given adequate 
opportunity to explain his version of events.  Petitioner's 
claims are without merit. 

Subj:  BOARD FOR CORRECTION OF NAVAL 

a.  Petitioner has provided no evidence that nls NJP was 

unjust or that he was otherwise treated unfairly.  The record 
does not reveal any legal error or deprivation of administrative 
rights associated with NJP -  and no specific error is alleged. 

b.  Petitioner now claims that he did not commit misconduct 

because he did not intend to steal the switchblades. 
Petitioner's attempt to re-litigate the facts surrounding his 
offense is both untimely and contrary to his earlier express 
admissions.  Petitioner offers a self-serving explanation of his 
subjective intent that does not correspond to his actions at the 
time of his offense, or those during the course of his 
punishment.  To take Petitioner at his word now, without any 
supporting evidence, is to surrender this process to the 
irrational. 

c.  Petitioner provides no evidence to support his vague 
claim that he was denied adequate opportunity to explain his 
version of events.  The record demm&rates  the falsity of this 
claim in any event.  Petitioner appealed his NJP ;n  writing, and 
certainly could have authored an exposition of hi3 innocence. 
Instead, Petitioner admitted wrongdoing. 

5.  Conclusion.  Accordingly, for the reason notea, we recommend 
that the requested relief be denied. 

Military Law Branch 
Judge Advocate Division 



Similar Decisions

  • NAVY | BCNR | CY2003 | 05978-03

    Original file (05978-03.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, dated 19 August 2003, a copy of which is attached. The BOI also substantiated misconduct or moral or professional dereliction as evidenced by the commission of military or civilian offenses, which, if prosecuted under the UCMJ, could be punished by six months or more, or would require proof of specific intent for conviction. The BOI recommended Petitioner's retention.

  • NAVY | BCNR | CY2002 | 08394-01

    Original file (08394-01.pdf) Auto-classification: Denied

    Petitioner c>aims his punishment was unjust 4. because he was never ordered not to buy a vehicle; even if he was given such an order, did not buy the car, rather he leased it; and finally, even if he was in the wrong, Petitioner believes his offense did not warrant reduction to LCpl and removal from MSG battalion. 3 Subj: BOARD FOR CORRECTION OF NAVAL RECORDS IN THE CASE 0 (BCNR) APPLICATION synopsis of the restrictions governing buying or renting vehicles while attached by Company...

  • NAVY | BCNR | CY2002 | 01543-02

    Original file (01543-02.pdf) Auto-classification: Denied

    Alternatively, Petitioner requests removal of the record as an act of clemency. If he made such representations, Major state directly. Subj: BOARD FOR ICO MAJOR ) APPLICATION 5.

  • NAVY | BCNR | CY2002 | 01487-02

    Original file (01487-02.pdf) Auto-classification: Denied

    paygrade E-4, was awarded reduction to paygrade E-3, forfeiture of $600.00 pay per month for 2 The NJP authority suspended Enclosure (1) pertains. Based on the documentary evidence Moreover, Similarly, Petitioner was informed the NJP proceeding was conducted Petitioner makes no claim that her request for If Petitioner truly believed she was not guilty r-ights to which she was Petitioner was advised of her right to counsel provided by Petitioner, properly and Petitioner received all...

  • NAVY | BCNR | CY2002 | 07787-01

    Original file (07787-01.pdf) Auto-classification: Denied

    On 25 February 2000, Petitioner, a sergeant, pay grade The Petitioner responded by saying "that the conversation was originally lieutenarnr colonel and if the captain was During the the Petitioner was told by one of the captains, in of E-S, was discussing an issue with a lieutenant colonel. The following Monday, Petitioner was directed by the Petitioner was advised of his Article 31 rights; executive officer to provide a statement, and he did. words, Pet for Captai request of a Petitioner...

  • NAVY | BCNR | CY2002 | 04265-02

    Original file (04265-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY1999 | 04025-98

    Original file (04025-98.pdf) Auto-classification: Denied

    who On 06 January 1992, petitioner's Commanding Officer (CO) bythe CO included assault under UCMJ, Article 128, took petitioner to nonjudicial punishment (NJP) for his involvement in the 02-03 December 1992 altercation. Even if the defense does apply to drur& and disorderly conduct, an examination of the punitive reprimand issued by the CO as punishment at the NJP shows that the CO found petitioner guilty at the hearing not because of the alleged assault, but a supervisory senior...

  • NAVY | BCNR | CY2002 | 08327-01

    Original file (08327-01.pdf) Auto-classification: Denied

    Petitioner's SCM record. SCMs;' therefore, the convening 25, UCMJ, criteria apply to authority essentially must "know" the officer who will serve as SCM. Petitioner accepted SCM and made no (l), Summary Court-Martial Officer's Petitioner had two opportunities to object and Petitioner cannot now claim that his SCM was However, he accepted SCM as part of the PTA knowing the convening authority could refer his Additionally, Petitioner t o did not oblect to if he had d. Witness' desire...

  • NAVY | BCNR | CY1998 | 04848-98

    Original file (04848-98.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinions furnished by Headquarters, Marine Corps, copies of which are attached. d. It is also important to note that Petitioner's battalion commander, not his company commander or company gunnery sergeant, referred his charge to a special court-martial and approved the sentence. We conclude that Petitioner's special court-martial did not result in an error or injustice and should not be removed from his record.

  • NAVY | BCNR | CY2002 | 00841-02

    Original file (00841-02.doc) Auto-classification: Denied

    Specifically, Petitioner told the investigating officer, “I am uncertain to which people were in my car, but I think it was LCpl, Cpl and a girl named To my knowledge, no one in my car exposed themselves to anyone at anytime.” c. On 2 March 2001, charges were preferred against Petitioner alleging dereliction of duty1, false official statement, disorderly conduct, and an indecent act, in violation of Articles 92(3), 107, and 134 of the. Subj: BOARD FOR CORRECTION O~ NAVAL RECORDS (BCNR)...