DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 203-11
12 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 11 January 2011. The names and votes of the
members of the panel will be furnished upon request. 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 furnished by the Marine
Corps Military Law Branch (JAM3), a copy of which is attached;
and the documentation provided as a rebuttal to the advisory
opinion.
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. The Board substantially concurred with the
comments contained in the advisory opinion. In this regard, the
Board noted that your commanding officer's statement which
directed that the ‘adverse material concerning this matter would
not become a part of your military record” was referring solely
to your proposed administrative separation for cause and/or
retention, and not to the nonjudicial punishment (NUP) imposed on
27 March 2007. Further, the Board concluded that sufficient
evidence existed to support your commanding officer's decision to
impose NUP and that removal of it from your record would be
unfair to your peers, against whom you will compete for
promotions and assignments. Accordingly, your application has
been denied.
awe ..
Tt 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 ail 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.
&
f Sincerely,
f
Enclosure
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