DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100CRS
Docket No: 9279-07
20 November 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 19 November 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 26 November
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.
Sincerel
Executive Di Xr
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3000 MARINE CORPS PENTAGON
WASHINGTON, DC 20350-3000
IN REPLY REFER TO:
1070
JAM’?
NOV 2 6 2007
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: APPLICATION FOR CORRECTION IN THE CASE OF CORPORAL
age
1. You requested an advisory opinion on~NAVY | BCNR | CY2007 | 10679-07
In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. You requested an advisory opinion (hereinafter “Applicant”) application, docket #10679-07, which requested invalidation of a non-judicial punishment (NJP) and restoration of his...
NAVY | BCNR | CY2008 | 02965-08
In addition, the Board considered the advisory Opinion furnished by Headquarters Marine Corps dated 24 April 2008, 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. Applicant now requests that his NUP be removed from his record stating that his driving while impaired charge was dismissed by the civilian courts.
NAVY | BCNR | CY2008 | 00002-08
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 | CY2007 | 10794-07
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 | CY2007 | 07649-07
There is no error in the record. Applicant chose to assault another Marine and his command determined it was appropriate to punish him in accordance with Marine Corps regulations.5. No corrective action is warranted in this case because Applicant fails to demonstrate by substantial evidence that his NJP was in error or an injustice.6.
NAVY | BCNR | CY2007 | 06966-07
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.
NAVY | BCNR | CY2007 | 00065-07
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 | CY2007 | 07175-07
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 | 10025-06
In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps dated 15 December 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. Applicant’s request for removal of his FitRep and all references to his NJP from his OMPF should be denied.3. The standard of proof at NJP is “by...
NAVY | BCNR | CY2005 | 10364-05
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.