DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: 1822-12
12 October 2012
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 removing all reference to your charge of driving
under the influence. This was understood as a request to remove
the fitness report for 18 September to 20 October 2009 and the
service record page 11 (“Administrative Remarks (1070)”) entry
dated 14 October 2009 and an implied further request to set
aside your relief for cause from drill instructor (DI) duty and
restore your 0911 (DI) additional military occupational
specialty (AMOS), your eligibility for the DI Ribbon, and your
special duty assignment (SDA) pay.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 October 2012. 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 (HQOMC) Performance
Evaluation Review Board (PERB) dated 13 February 2012 and the
advisory opinions from HQMC dated 8 December 2011, 10 April 2012
and 3 August 2012 with enclosure (2), copies of which are
attached.
PY
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. 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 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,
TR pe a
A_lw. DEAN PFEIFFER
Executive Director
Enclosure
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