Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 10601-06
Original file (10601-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


LCC
Docket No. 10601-06
24 Jan 07




This is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 17 January 2007. 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 memorandum 1070 MNSB-13, 27 December 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, a majority of 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. Accordingly, 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 also 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,


ROBERT D. Z SALMAN
Acting Executive Director
Enclosure









DEPARTMENT OF THE NAVY
                                    HEADQUARTERS UNITED STATES MARINE CORPS                                                         PERSONNEL MANAGEMENT SUPPORT BRANCH
                                                      2008 ELLIOT ROAD
                                                      QUANTICO, VA 22134-5030



                                                                       
IN REPLYREFER TO
                  1070
                                                                        MMSB—13
                                                                        (MMSB)
                                                                                 27 Dec 2006




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS


Subj:    ADVISORY OPINION; CASE OF FORMER


1. No action required by this Section D o D Form 214 is correct. He was promoted to Sergeant and awarded his Navy and Marine Corps Achievement Medal after being released from active duty. The Navy and Marine Corps Achievement Medal was added to his Official Military personnel File (OMPF)



Records Correspondence Section
Personnel Management Support Branch
By direction of the
Commandant of the Marine Corps

Similar Decisions

  • NAVY | BCNR | CY2007 | 10026-07

    Original file (10026-07.rtf) Auto-classification: Denied

    10026-07 27 May 08This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 27 May 2008. 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. Since he did...

  • NAVY | BCNR | CY2003 | 05947-03

    Original file (05947-03.pdf) Auto-classification: Denied

    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 material error or injustice. No correction to his Marine Corps record is reauired.

  • NAVY | BCNR | CY2009 | 03861-09

    Original file (03861-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 June 4009, -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...

  • NAVY | BCNR | CY2002 | 00694-02

    Original file (00694-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2002, 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. when applying for a correction...

  • NAVY | BCNR | CY2002 | 02038-02

    Original file (02038-02.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, dated 11 April 2002, a copy of which is attached. 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. In view of the above facts, there is no basis for expungement of his military record.

  • NAVY | BCNR | CY2002 | 05668-01

    Original file (05668-01.pdf) Auto-classification: Denied

    material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, regulations and policies. VIRGINIA 22 134-6 103 S TO: IN REPLY.REFER 1650 MMMA-3 llDecO1 MEMORANDUM FOR THE EXECUTIVE DIRECT1 NAVAL RECORDS 3R, BOARD FOR CORRECTION OF (BCNR) Subj: REQUEST FOR ADVISORY OPINION FORMER MARINE Upon review of...

  • NAVY | BCNR | CY2005 | 10364-05

    Original file (10364-05.rtf) Auto-classification: Denied

    Additionally, the Board for correction of Naval Records (BCNR) has not removed the administrative reduction from XXXX record. You requested we provide an advisory opinion on Corporal Ramirez’s (hereinafter “Applicant”) application to reinstate his previous rank of Sergeant (Applicant was administratively reduced to Corporal) -2. Applicant claims he was reduced to Private First Class (PFC), but there is no documented evidence in Applicant’s record stating this reduction took place.4.

  • NAVY | BCNR | CY2007 | 07175-07

    Original file (07175-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion from Headquarters Marine Corps, dated27 September 2007,, 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. The information contained in Applicant’s OMPF related to his substantiated misconduct allows reviewers of Applicant’s record to view the entire report of...

  • NAVY | BCNR | CY2006 | 00933-06

    Original file (00933-06.doc) Auto-classification: Denied

    It is noted that the Commandant of the Marine Corps (CMC) has directed removing the uncontested “not observed” fitness report for 16 March to 1 June 2004. Per the reference, the Performance Evaluation Review Board has reviewed allegations of error and injustice in subject’s naval record and the following action is requested: a. That subject’s naval record be corrected by removing the following fitness report: Date of Report Reporting Senior Period of Report 29 June 2005 LtCol - 20040316 to...

  • NAVY | BCNR | CY2001 | 02041-01

    Original file (02041-01.pdf) Auto-classification: Denied

    Performance Evaluation Review Board (PERB) for removal of the record and 02 USMC He petitioned the porting Senior fitness report of 980831 to 990731. requests removal of his failures of selection. Performance Evaluation Review Board He failed selection He petitioned the (PERB) for removal of the rting Senior fitness report of 980831 to 990630. equests removal of his failures of selection. Head, Personnel Management Support was removed from the OMPF on 5 October emphatically states that the...