Search Decisions

Decision Text

NAVY | BCNR | CY2012 | 02429-12
Original file (02429-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 02429-12
22 March 201

ve)
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 20 March 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.

After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

On 15 March 2002, you received nonjudicial punishment (NJP) for

larceny of another Marine’s cellular telephone. You received 45
Gays restriction and extra duty. At that time, you were advised
of your right to appeal and elected not to submit an appeal.

The Board concluded that your commanding officer’s decision to
impose NJP was appropriate, and administratively and procedurally
correct as written and filed. The Board further concluded that
the removal of the NUP is not warranted, and that such action
would be unfair to your peers, against whom you will compete for
promotions and assignments. With regard to your belief that your
NJP may cause a hindrance in your promotions and retention in the
Marine Corps, the Board noted that you did not appeal your NUP,
and since have been promoted despite receiving it. 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,

Lo Nope :
W. DEAN alk
to

Executive Dir

Similar Decisions

  • NAVY | BCNR | CY2009 | 04984-09

    Original file (04984-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2009. The Board was unable to find that the command's correspondence with MMPR-2 dated 4 December 2005, recommending a four-month delay of your promotion, was based on anything other than the NUP, noting that the appeal of your NUP was not denied until 1 December 2005. Consequently, when applying for a correction of an official naval record, the burden is...

  • NAVY | BCNR | CY2014 | NR5468 14

    Original file (NR5468 14.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 2015. 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 | CY2012 | 05099-12

    Original file (05099-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2012. You did not submit an appeal of the NJP, but simply submitted a request for leniency of your punishment regarding your forfeiture of pay. 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 | CY2012 | 05965-12

    Original file (05965-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2012. 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 | CY2011 | 03127-11

    Original file (03127-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 March 2011. 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. The Board concluded that your commanding officer's decision to impose the foregoing NUP, and the punishment imposed, was appropriate, and that it...

  • NAVY | BCNR | CY2012 | 00998-12

    Original file (00998-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your . 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 material error or injustice.

  • NAVY | BCNR | CY2014 | NR11993 14

    Original file (NR11993 14.pdf) Auto-classification: Denied

    - A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2015. The BOI found by a vote of three to zero, that you had committed misconduct, and although -the reason was supported by evidence, found that there was not sufficient evidence to recommend your separation from the Navy. The .Board found that the CO’s decision to.impose NJP was based on facts and circumstances surrounding the incident, and that...

  • NAVY | BCNR | CY2010 | 06480-10

    Original file (06480-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 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. It also considered your desire to have your record reflect that you were recommended for a commission in the Marine Corps Reserve.

  • NAVY | BCNR | CY2014 | NR11597 14

    Original file (NR11597 14.pdf) Auto-classification: Denied

    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 3 March 2015. 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. After careful...

  • NAVY | BCNR | CY2014 | NR3945 14

    Original file (NR3945 14.pdf) Auto-classification: Denied

    aA three-member panel of the Board for Correction of Naval Records, Sitting in executive session, considered your application on 8 April 2015. Additionally, the Board noted that you did not appeal the NUP and concluded that its removal from your record was unwarranted. 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.