DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 6608-11
1 December 2011
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.
You requested setting aside your relief for cause from
recruiting duty, requested by letter of 30 April 2008. You also
impliedly requested restoring your recruiter additional military
occupational specialty (MOS) 8411, showing your eligibility for
special duty assignment (SDA) pay was not terminated on 27 May
2008, removing from the Marine Corps Total Force System (MCTFS)
draw case code “AM” (reflecting relief from SDA for good of the
service, not for cause), and correcting your record to show you
successfully completed your recruiting tour. Finally, you
requested removing the fitness report for 27 February to 5
September 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 December 2011. 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
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 13 June 2011, and the advisory
opinions from the Marine Corps Recruiting Command dated 3 August
and 13 September 2011, copies of which are attached. The Board
also considered your undated reply to the report of the PERB.
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 report of the PERB
and the advisory opinions.
The Board was unable to find your second staff noncommissioned
officer in charge (SNCOIC) had a vendetta against you or created
a hostile working environment, notwithstanding your assertion
that this SNCOIC was relieved from recruiting duty. The Board
found you offered no proof that you were not provided an
opportunity to make a statement to the contested fitness report,
noting that the third sighting officer says you were “provided
ample opportunity to comment and make a statement.” Finally,
the Board found the contested fitness report properly documents
that you were relieved for cause during the period of the
contested report on the basis of actions during the previous
period.
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,
Wy
W. DEAN P
Executive rector
Enclosure
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Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 15 March to 14 August 2000, a copy of which is at enclosure (1). The Board, consisting of Messrs. Petitioner’s allegations of error and injustice on 15 August 2001, and pursuant to its regulations, determined that the corrective action indicated below should be...
NAVY | BCNR | CY2004 | 03925-04
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by removing therefrom the fitness reports for 1 January to 1 April 2002, 2 April to 22 June 2002, 23 June to31 December 2002, 1 January to 30 June 2003, and 1 July to26 August 2003. We do not, however, recommend that his voided MOS 8411 be reinstated and the recoupment of...
NAVY | BCNR | CY2010 | 07838-10
JAMS stated that the NUP “stemmed from [Petitioner’s] failure to report a civilian DUI arrest,” however, the UPB entry actually says he was punished “for failing to notify his command of his DUI conviction [emphasis added] .” JAM5 noted that “the requirement to report the conviction (rather than the arrest) is lawful.” d. Enclosure (4) explains that PERB directed removing the contested fitness report in light of enclosure (3). e. In enclosure (5), the Marine Corps Recruiting Command (MCRC)...
NAVY | BCNR | CY2012 | 02280 12
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)") entry dated 30 March 2009, a copy of which is at Tab A. That his record be corrected further to restore his AMOS of 8411. c. That his record be corrected further to show his entitlement to SDA pay for 21 July 2010 to 13 June...
NAVY | BCNR | CY2002 | 05473-00
(6), the M arine Corps Recruiting Command ’s request to remove his page 11 entry should be MOS , and 2 In correspondence attached as enclosure (7), the HQMC Enlisted Assignment Branch (MI&A) has also commented to the effect that Petitioner ’s request to remove his page 11 entry should be approved, but his requests concerning his RFC should be denied. Point of contact is M ecommended that the Board equest for removal of the VMC 118(11), page 11 .entry dated Acting Head, Field Support...
NAVY | BCNR | CY1999 | Document scanned on Wed Nov 29 14_53_31 CST 2000
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 September 1999. In addition, the Board 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 warranting restoration of your drill instructor military occupational specialty (MOS) or your special duty assignment (SDA) pay. ...
NAVY | BCNR | CY2001 | 03156-01
You also made new requests to remove your relief for cause from recruiting duty, which was requested on 5 April 1999; your nonjudicial punishment of 29 March 1999; and your service record page 11 counseling entries dated 17 and 24 February 1999. We are asked to provide an advisory opinion on Petitioner's request for the removal from his Service Record Book (SRB) and his official military personnel file (OMPF) of all references to his nonjudicial punishment (NJP) of 29 March 1999 and...
NAVY | BCNR | CY1999 | 04433-99
It is noted that the Commandant of the Marine Corps (CMC) has removed your adverse fitness report for 17 October to 9 November 1998. 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 warranting restoration of your drill instructor military occupational specialty (MOS) or your special duty assignment (SDA) pay. The memorandum will...
NAVY | BCNR | CY2011 | 04624-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2011. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 18 April 2011, a copy of which is attached. 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 | CY2006 | 06678-06
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