Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 00957-07
Original file (00957-07.rtf) Auto-classification: Denied
                                             8OARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 00

                                                                CRS
                                                                                           Docket No: 957-07
                                                                                          3 April 2008
Dear

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-me m ber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 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 furnished by Headquarters Marine Corps dated 8 March 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. 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 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.

                                                                        Sinc erely,

                                                     
W. DEAN PFEIFFER
Executive Director
Enclosure
                                     DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3000 MARINE CORPS PENTAGON
                                    WASHINGTON, DC 20350-3000


                                    I N REPLY REFER TO:
                                                                                           1070
                                                                                                    JAM3

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    APPLICATION FOR CORRECTION IN THE CASE OF
Ref: (a) SECNAVINST 5420.193
1. We are asked to provide an opinion on t hereinafter “Applicant”)
 application, docket 00957-07, to request the removal of his
nonjudicial punishment (NJP) he received on 29 October 1993.

2.       Opinion . For the reasons noted below, we recommend that the Board deny Applicant’s requested relief.
3.       Background

a.       In 1993, Applicant was attached to Camp Foster, Okinawa, Japan. Applicant was arrested by the military police for stealing a bicycle from the chow hall.
b.       On 29 October 1993, Applicant accepted NJP for larceny in violation of Article 121, of the Uniform Code of Military Justice (UCMJ).
4.       Analysis

a.       First, we note that the Board should reject the application because it is untimely. In accordance with the reference, an application for correction of a record must be filed within three years after discovery of the alleged error or injustice unless the Board excuses the untimely filing in the interest of justice. The Applicant filed this application on 17 January 2007, 13 years after his NJP of 29 October 1993. The Applicant offers no justification for this untimely application for relief and he has failed to make any showing that the interests of justice warrant its untimely consideration.




b.       Nonjudicial punishment is an administrative proceeding, not a criminal trial. Therefore, the formal rules of evidence do not apply. The standard of proof at NJP is “by preponderance of the evidence” rather than “beyond a reasonable doubt.” Applicant’s Commanding Officer had ample evidence to impose NJP
 and was in the best position to determine the facts surrounding the case. Applicant has failed to offer sufficient justification to second guess the commander now.
c.       In order to justify correction of a military or naval record, the Applicant bears the burden to show to the satisfaction of the Board, or it must other wise satisfactorily appear, that the alleged entry or omission in the record was in error or unjust. Applicant has not provided any evidence to support that he was denied his procedural rights or that he did not engage in any illegal activities.
5. Conclusion . Accordingly, we recommend that Applicant’s request for relief be denied.
6. Please contact the Military Law Branch at (703) 614-4250, if you require additional information.



         He ad, Military Law Branch
 Judg e Advocate Division
          By direction of the
          Commandant of the Marine Corps

Similar Decisions

  • NAVY | BCNR | CY2007 | 00944-07

    Original file (00944-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 27 March 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. For the reasons noted below, we recommend that the Board deny Applicant’s requested relief.3. The requirements in effect at the time require NCIS to...

  • NAVY | BCNR | CY2007 | 00065-07

    Original file (00065-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 2 April 2007, a copy of which is attached, and your rebuttal.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. You requested we provide an advisory opinion on Lance Corporal Martin’s (hereinafter “Applicant”) application, docket #00065-07, to...

  • NAVY | BCNR | CY2006 | 00681-06

    Original file (00681-06.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinions furnished by Headquarters Marine Corps dated 20 April, 6 June, 21 June, 27 June, and 2 July 2007, copies of which are 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 accordance with the reference, an application for correction of a record must be filed within three years after...

  • NAVY | BCNR | CY2006 | 06919-06

    Original file (06919-06.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 14 September 2006, 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. You requested an advisory opinion on (hereinafter “Applicant”) request to remove his nonjudicial punishments (NJP). After2Subj: BOARD FOR CORRECTION...

  • NAVY | BCNR | CY2008 | 00002-08

    Original file (00002-08.pdf) Auto-classification: Denied

    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 accordance with the reference, an application for correction of a record must be filed within three years after discovery of the alleged error or injustice unless the Board excuses the untimely filing in the interest of justice. No corrective action is warranted in this case because Applicant fails to demonstrate...

  • NAVY | BCNR | CY2006 | 00610-06

    Original file (00610-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2007. 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. Applicant fails to provide substantial evidence of probable material error or injustice in support of his application.3.

  • NAVY | BCNR | CY2007 | 10794-07

    Original file (10794-07.pdf) Auto-classification: Denied

    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. You requested we provide an advisory opinion on sis ee reer (hereinafter “Applicant”) removal of a page 11 entry to his service record book (SRB) dated 12 July 1999. On 12 July 1999, Applicant received a page 11 entry stating that he was eligible but not recommended for promotion to Sergeant.

  • NAVY | BCNR | CY2005 | 08275-05

    Original file (08275-05.rtf) Auto-classification: Denied

    The witness was an officer but was not Applicant’s platoon commander, reporting senior, reviewing officer, nor company commander at the time of the NJP.3. Per reference (a), an application for correction of a record must be filed within three years after discovery of the alleged error or injustice, unless the Board excuses the untimely filing in the interest of justice. Timely applications are crucial to a proper determination of an allegation of error where, as here, the ability to...

  • NAVY | BCNR | CY2007 | 06008-07

    Original file (06008-07.rtf) Auto-classification: Denied

    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.W. Applicant requests that his NJP be removed because Applicant was recommended for retention in the Marine Corps by the Administrative Separation Board. Per the reference, in order to justify correction of a military or naval record, Applicant bears the burden to show to the satisfaction of the Board, or it must...

  • NAVY | BCNR | CY2007 | 06966-07

    Original file (06966-07.rtf) Auto-classification: Denied

    You requested an advisory opinion ~ (hereinafter “Applicant”) application, docket #06966-07, Lu request removal of the nonjudicial punishment (NJP~ he received on 16 June 2005 from his record, and upgrade his reenlistment code.2. Applicant’s NJP and reenlistment code were in accordance with applicable regulations. No corrective action is warranted in this case because Applicant fails to demonstrate by substantial evidence that his NJP and his reenlistment code were in error or an injustice.6.