DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10623-08
26 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.
Your request to remove documentation of your relief for the good
of the service from drill instructor (DI) duty was not
considered, as it does not appear in your Official Military
Personnel File.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 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 from Headquarters Marine Corps, dated
28 February 2008, a copy of which is attached. The Board also
considered your rebuttal letter dated 7 March 2008 with
enclosure.
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 in
concluding the removal of your 8511 (DI) Additional Military
Occupational Specialty (AMOS) should not be set aside. The
Board found your drug overdose supported the removal. In this
regard, the Board was unable to find this overdose was the
accidental result of black-outs, as you allege. Concerning your
assertion that you are now fit for DI duty, you may initiate
action, through your command, to request the 8511 AMOS be
restored. 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,
Loe SUL
W. DEAN PFEIFFER
Executive Dir
Enclosure
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