DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100.
WIH
Docket: 11493-10
14 September 2011
This ig in reference to your application for correction of
naval record pursuant to the provisions of 10 USC 1552..
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 September 2011. Your allegations of
error and injustice were reviewed in accordance with the
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
furnished by the Commandant of the Marine Corps letters CMC
1741 MMSR-4 of 13 Jan 2011 and CMC 1741 MMSR-4 of 25 Apr
2011, copies of which are attached and were previously
furnished to you. .
The Board also considered your request for a personal
appearance, however it found that the issues in the case
were adequately documented and that a personal appearance
would not materially add to the Board’s understanding of
the issues involved. Thus, your request for a personal
appearance has been denied.
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 CMC 1741 MMSR-4 of 25 Apr 2011. Review of
Docket: 11493-10
your record shows that in approximately August 2008, the
Physical Evaluation Board recommended that you be retired
due to physical disability. Records show that you met with
a counselor and accepted the PEB findings. A non-medical
assessment at the time states that you no longer wished to
be continued on active duty. The advisory opinion states
that Headquarters United States Marine Corps “discussed
continued service and retirement options” with you,
including “the negative impact of not completing 20 years
of active duty,” but that you “requested disability
retirement.” In the Board’s view, as an experienced
officer, you were fully capable of weighing your options at
the time. You were counseled on the “the negative impact
of not completing 20 years of active duty.” There is no
evidence of fraud, duress, or misrepresentation at the time
you accepted the PEB findings and sought to be released
from active duty. You were free to request continuation on
active duty if you had wanted to. In the Board’s view, you
knowingly and willingly accepted the PEB findings and
sought release from active duty (and be retired for
physical disability) and there is no reason to now
invalidate your decision. 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
also 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,
NAVY | BCNR | CY2002 | 05661-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, Your allegations of error and injustice were considered your application on 4 Septkmber 2002. 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 In addition, the Board considered...
NAVY | BCNR | CY2010 | 04605-10
The Board, consisting of Ms. Countryman and Messrs. Gattis and Whalen, reviewed Petitioner's allegations of error and injustice on 11 March 2011 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. d. In correspondence attached as enclosure (2), the [Commandant of the Marine Corps advised the Board, in effect, that Petitioner was not entitled to disability separation or retirement, as he...
NAVY | BCNR | CY2003 | 00213-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2003. 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. 0213-03 The reference requests an a petition to correct show that he was enrolled in the Reserve Component survivor Benefit Plan (RCSBP) when he died on 3 June 2000. record to 2.
NAVY | BCNR | CY2002 | 03152-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2002. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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. The reference requests an advisory opinion on petition to correct his...
NAVY | BCNR | CY2002 | 01376-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2002. 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. opinion furnished by CMC 1741 MMSR-6 of 27 March 2002, a copy of which is attached.
NAVY | BCNR | CY2010 | 09029-10
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. On 29 December 2003, he executed a DD Form 2656 declining participation in the Survivor Benefit Plan (SBP). 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.
NAVY | BCNR | CY2001 | 05733-01
Documentary material considered by the Board consisted of your application, together with all material subniitted in support thereof, your former spouse naval record and applicable statutes, regulations and policies. the advisory opinion furnished by copy of which is attached. 5733-01 15FebO1, included with petition The reference requests an advisory opinion on Mrs. petition to correct her late former husband, Barnes' record to show that he enrolled in the Reserve Component Survivor...
NAVY | BCNR | CY2002 | 01348-02
observed" fitness report for the period 20 December 1991 to 29 February 1992 states that Petitioner had been released from active duty following failure of selection to MAJ. physical examination on 10 March 1992 stated that Petitioner was physically qualifieefor separation, and the PEB had approved A report of A "not 6 In the report of medical history completed by that his discharge due to vascular headaches and left shoulder instability. investigation, and since more than adequate time to...
NAVY | BCNR | CY2010 | 06305-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 October 2010. 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 | CY2002 | 07993-02
’s naval record A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2002. 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. His RCSBP child began receiving retired pay on 18 April 1984. coverage became SBP child coverage on that date.