DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 311-09
2 April 2009
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.
It is noted that Headquarters Marine Corps (HQMC) has corrected
your Official Military Personnel File by removing the Police
Record Check (DD Form 369) dated 25 February 2003 and two Leon
County CJIS System - Defendant Related Cases documents.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 April 2009. 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
memorandum from the HQMC Manpower Information Operations,
Manpower Management Information Systems Division (MIO), dated
12 February 2009 with enclosure, 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 in the advisory opinion from MIO in
concluding the only remaining contested document, the Exception
to Policy Moral Waiver dated 24 June 2003, should stand. The
Board found the state court order that the record be expunged
did not invalidate that document. In view of the above, your
application for relief beyond that effected by HQMC 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,
\s
W. DEAN
Executive Di
Enclosure
NAVY | BCNR | CY2008 | 04433-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2009. In addition, the Board considered the advisory opinions from the Headquarters Marine Corps (HQMC) Manpower Information Operations, Manpower Management Information Systems Division (MIO), dated 16 April 2008 with enclosure, and the HQMC Military Law Branch, Judge Advocate Division (JAM3), dated 28 April 2008, and the report of the HQMC Performance...
NAVY | BCNR | CY2008 | 09088-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 01672-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2006 | 04951-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 2O37Q~51OO BJGDocket No: 4951-0630 October 2006This 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.You requested removing the NAVMC (Navy/Marine Corps) HQ [Headquarters]-335 (EF) routing sheet dated 25 November 1998 with enclosures.It is noted that the Headquarters Marine Corps (HQMC) Management Support...
NAVY | BCNR | CY2008 | 02949-08
Documenta of your applicati support thereof, regulations and p report of the HQM dated 21 March 20 Enlisted Promotio gy the contested fitness report for mil.e (“Grade”), “20031001 [1 October in executive session, considered your C Performance Evaluation Review Board n Section (MMPR-2), dated 27 June 2008 April 2007 by changing the entry in section A, ignment”) from “Supply Chief” to “Supply aArters Marine Corps (HQMC) has further A of the report by entering “GYSGT [gunnery 2003)" in ate of...
NAVY | BCNR | CY2008 | 03840-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 05347-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 04306-07
It is noted that the Commandant of the Marine Corps (CMC) has directed correcting the contested fitness report by changing the entry in item 17.a (“Commendatory”) from “No” to “Yes.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2008. The Board agreed with the advisory opinion from MMOA-4 in concluding the correction of item 17.a of the fitness report at issue would not have appreciably enhanced...
NAVY | BCNR | CY2006 | 10210-06
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 (HQMC) Performance Evaluation Review Board (PERB), dated 8 November 2006, and the advisory opinion from the HQMC Manpower Information Operations, Manpower Management Information Systems Division (Mb), dated 21...
NAVY | BCNR | CY2008 | 03433-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by changing his primary military occupational specialty (PMOS) to 0351 (infantry assaultman) ; removing the adverse fitness report for 15 September 2002 to 13 March 2003, a copy of which is at Tab A (enclosure (2) shows the Headquarters Marine Corps {(HOMC) Performance Evaluation Review Board (PERB} has...