DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 6867-10
30 September 2010
i — = ensue a
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 30 September 2010. 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 opinions from Headquarters Marine Corps dated 22 July
2010, 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.
The Board noted that the investigating officer’s recommendation
was that you receive “At a minimum” a nonpunitive letter of
reprimand and verbal counseling, and the Board further noted
that this recommendation was not binding on the command. The
Board found that the contested counseling entry was adequately
clear and that it did not hold you accountable for another
Marine’s failings. The Board found the entry’s not having been
mentioned in your “not observed” fitness report for 5 May to 6
July 2007 did not invalidate it. Finally, the Board observed
that the issuance of the contested entry did not constitute
disciplinary action, so the Electronic Key Management System
directive you cited concerning such action was inapplicable.
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,
Noss |
W. DEAN PF R
Executive chor
Enclosure
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2010. 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...
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