DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9366-08
18 December 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 18 December 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 Headquarters Marine Corps dated 6 November
2008, a copy of which is attached, and your letter of 10
December 2008 with enclosures.
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.
Notwithstanding the recommendation of the investigating officer
that you receive a nonpunitive letter that would not appear in
your record, the Board was unable to find the contested page 11
entry was unjustified. In this regard, the Board did not find
the statements at enclosures (4) through (7) of your letter
dated 10 December 2008 to be persuasive. The Board was likewise
unable to find you got no help from your command. Regarding
your assertion that you did not intend to disobey an order, the
Board observed this would not excuse violating the Privacy Act
(title 5 of the United States Code, section 552a). Finally, the
Board did not accept your assertion that because you did not
disclose any new personally identifiable information, you did
not violate the Privacy Act, noting your having accessed your
ex-husband’s personal records for an unauthorized purpose
without his consent was a violation regardless of the
information that was disclosed. 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 PFRIF
r or
Executive
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