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NAVY | BCNR | CY2007 | 05757-07
Original file (05757-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00



 BJG
 Docket No:5757-07
 13 July 2007


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 12 July 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 report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 6 June 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 report of the PERB. The Board found the alcohol-related incident cited in the contested fitness report was not a minor matter that did not warrant mentioning. The Board noted that the contested report makes no mention of any civil proceedings. The Board further noted that section I of the uncontested fitness report for 16
 November 2005 to 17 February 2006 states you were “subject to the conviction of Driving While Intoxicated DWI in civilian court on 17 Feb. 2006.” This corroborates that you did, in fact, have an alcohol-related incident. The Board was unable to find the reviewing officer (RO) lacked sufficient observation of your performance to render a valid evaluation, noting that he reported having had “sufficient” observation, and that observation need not be direct. Finally, the Board found nothing objectionable in the RO’s use of the word “blatantly” to describe the way he felt you had disregarded his admonition about safe behavior while on liberty. 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,



                                                                        W. DEAN PFEIFFER
                                                                        Executive Director
Enclosure

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