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NAVY | BCNR | CY2007 | 00204-07
Original file (00204-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 BJG
 Docket No:204-07
 22 May 2008





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 22 May 2008. 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 from the Marine Corps Recruiting Command, dated 28 March 2007, a copy of which is attached. The Board also considered the letter from the Deputy Commandant, Manpower and Reserve Affairs, dated 10 January 2007, and the letter from Sergeant Major B---, United States Marine Corps, dated 18 November 2007.
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 noted that the concept of double jeopardy applies only to judicial proceedings, not to receiving both nonjudicial punishment and relief for cause for the same misconduct. In view of the above, your application has been denied. The names and votes o f 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,



W.       DEAN PFEIFFER
Executive Director

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