DEPARTMENT  OF THE  NAVY 

BOARD  F O R   C O R R E C T I O N   OF  N A V A L R E C O R D S  

2  N A V Y A N N E X  

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

BJG 
Docket No:  5978-03 
17 October 2003 

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 October 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  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 
19 August 2003, 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.  The Roatd was unable to find the officer who signed the contested 
endorsement was unaware that his predecessor's  report of  your nonjudicial punishment 
recommended  you  not  have a board of  inquiry at all.  In view of  the above, 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. 

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, 

Executive Direct 

Enclosure 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARINE CORPS 

2 N A W  ANNEX 

WASHINGTON, DC 20380-1775 

IN REPLY REFER TO: 

1070 
JAM4 
AUG  1 9 2003 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL 

RECORDS 

Subi:  BOARD FOR CORRECTION OF NAVAL RECORDS  (BCNR) APPLICATION 

d 

IN THE CASE OF CAPTAIN 
USMC 

1.  The military law branch was tasked with providing an opinion 
on Petitioner's request to remove from his official military 
personnel file  (OMPF) the Commander, Marine Forces Reserve, 
endorsement  (ltr 1920 SJA/ccm of 25 Oct 01) to the report of 
Petitioner's Board of Inquiry. 

2.  We recommend that Petitioner's request for relief be denied. 
Our analysis follows. 

3.  Backaround 

a.  In December 1998 and September 1999, during drill 

weekends, Petitioner arranged two platoon functions known as 
"Warrior Night."  The events generally mirrored a traditional 
Mess Night and consisted of a social hour, dinner, toasts, skits 
and fines.  Petitioner authorized punch with alcohol and 
individual Marines attending were allowed to bring beer. 
Petitioner hired strippers/exotic dancers that performed for his 
Marines in a mess hall aboard Marine Corps Base, Camp Pendleton. 
The most junior Marines were placed in the center of the room 
and were used as props in the dancers' act.  Petitioner 
personally viewed and allowed the performances of the exotic 
dancers that included indecent acts performed by the women in 
the presence of, and in some instances, with direct 
participation by Petitioner's  subordinates. 

b.  On 8 August 2000, the Commander, Marine Forces Reserve, 

imposed nonjudicial punishment  (NJP) upon Petitioner for 
dereliction of duty  (Article 92, Uniform Code of Military 
Justice (UCMJ)), disobedience of a lawful general order 
prohibiting hazing  (Article 92, UCMJ), conduct unbecoming an 
officer and gentleman  (Article 133, UCMJ), indecent acts 
(Article 134, UCMJ) and for sponsoring, presenting and 
exhibiting live obscene conduct before an audience in violation 
of California Penal Code Section 311.6.  Petitioner was awarded 

USMC 

m.. 

a Letter of Censure and forfeiture of $1,000.00 pay per month 
for 1 month.  Petitioner admitted the misconduct and did not 
appeal. 

c.  A Board of Inquiry (BOI) was convened on 25 June 2001 

and completed on 27 June 2001 at Marine Corps Base, Camp 
Pendleton, California.  The BOI substantiated substandard 
performance of duty as evidenced by:  (1) Petitioner's failure 
to demonstrate acceptable qualities of leadership required of an 
officer of his grade; and  (2) Petitioner's  failure to properly 
discharge the duties expected of an officer of his grade and 
experience.  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.  Specifically, the BOI 
substantiated each violation for which NJP had been earlier 
imposed.  The BOI recommended Petitioner's retention. 

d.  On 25 October 2001, the Commander, Marine Forces 

Reserve, signed his first endorsement of the report of the BOI. 
The endorsement indicates the Commander's dissatisfaction with 
the recommendation for retention by the BOI and that the 
evidence supported separation with an Under Other Than Honorable 
Conditions characterization of service. 

4.  Analysis.  Petitioner claims that the Commander's 
endorsement should be removed from his OMPF because it is 
"slanted,  " p r e j ~ ~ f l i n i  
the BOI.  Petitioner's claim is without merit. 

? ? ,   "  "hi 34-dJ1  a n d   " = l ~ n d p r s 1 '  +h- rnernh~r?, of 

a.  Per paragraph 2(m) of Enclosure  (8) to Secretary of the 

Navy Instruction (SECNAVINST) 1920.6B1 the Convening Authority 
is required to review and endorse the record of proceedings 
prior to forwarding via the Deputy Commandant for Manpower and 
Reserve Affairs  (DC M&RA)  to the Secretary of the Navy.  The 
Convening Authority endorsement properly reflects his opinions 
and recommendations as to disposition.  The Convening Authority 
was free to voice his disagreement with the Board's 
recommendation for retention.  There is nothing unfair or 
inappropriate in the document. 

Subi :  BOARD FOR CORRECTION OF NAVAL RECORDS  (BCNR) 'APPLICATION 

USMC 

b.  Pursuant to paragraph 1000.4c(2)(a) of the Marine Corps 
Individual Records Administration Manual  (IRAM) (MCO P1070.12K) 
the endorsement is properly included in Petitioner's OMPF as a 
report or correspondence containing adverse material. 

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

Judge Advocate Division