DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 7499-01
18 January 2002
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 17 January 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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 Headquarters Marine Corps, dated
1 November 2001, a copy of which is attached.
Documentary material considered by the Board
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.
If you are correct that the contested documentation may harm your
chances to be selected for promotion, this does not warrant removing it. In view of the
above, your application has been denied.
will be furnished upon request.
The names and votes of the members of the panel
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
Enclosure
Y
HEADGUARTERS UNITED STATES MARINE CORPS
DEPARTMENT OF THE NAV
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
107 0
MIFD
NOV 0
2001
1
MEMORANDUM FOR
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
SE OF STAFF SERGEANT
USMC
1.
Staff Sergeant
application with supporting
documents has been
ncerning his request for removal
of the sensitive medical documentation contained in his official
military personnel files
(OMPF).
MC0
1070.14A, Official Military Personnel Files
2.
Contents, sets forth guidance and provides information on the
contents of the OMPF in use at Headquarters, U. S. Marine Corps
(HQMC
or to assist in the mission of HQMC staff agencies are recorded
in the OMPF.
Only information essential to document a Marine's career
(OMPF)
) .
MC0
P1070.12H, Marine Corps Individual Records Administration
(IRAM) sets forth guidance and provides information
3.
Manual
concerning adverse matter and other reports, statements, or
correspondence of a military nature authorized for inclusion in
the OMPF.
material authorized for inclusion in the OMPF.
Certain limitations exist regarding the kinds of
The following comments/opinions concerning the sensitive
4.
medical documentation on file in his OMPF are provided:
a.
Staff
Sergean
was relieved from recruiting
duty for the good of the service due to a medical condition.
These documents were part of the request by his commander to
support the relief.
b.
A copy of the approved relief for good of the service
1070.14A for
package does meet the guidelines contained
inclusion in Staff
Sergean
MC0
OMPF.
C .
Staff
Sergean
'was provided the opportunity to
make a rebuttal statement as required by paragraph
IRAM.
1000.4~ of the
d.
Staff Sergeant
documented evidence enclosed in
his application, BCNR letter
September 1999,
these documents in his OMPF is in error or unjust.
letter refers to another issue that is irrelevant to the contents
of the OMPF.
does not support his claim that inclusion of
LCC:lc Docket No. 4109-99 dated 28
The BCNR
5 .
In view of the above,
it is recommended that:
OF STAFF
MC
SERGEAN
The Board for Correction of Naval Records disapprove
a.
Staff
medical documentation contained in his OMPF.
Sergea
request for removal of the sensitive
b.
Staff
was
documentation contained in his OMPF.
If the Board for Correction of Naval Records finds that
ecords are in error or an injustice
removal of the sensitive medical
Sergea
committe
6.
Point of contact
at
Director
Manpower Management Information
Systems Division
2
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