DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 5926-12
24 September 2012
ATT a aati
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 nonjudicial punishment of 15
June 2006 and removing the fitness reports for 1 January to 1
March 2006 and 1 to 16 June 2006.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 1 January to 1 March
2006 by marking section A, item 6.c (“Marine Subject Of:
Disciplinary Action”) and removing, from Addendum Page 1
(continuation of section I, reporting senior’s “Directed and
Additional Comments”), all material from “Jun 2005” through “MOI
[Marine Officer Instructor].” and further directed completely
removing the report for 1 to 16 June 2006.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 September 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. The Board also considered the report
of the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board (PERB), dated 5 June 2012, and the advisory opinion
from the HQMC Military Justice Branch, Judge Advocate Division
(JAM1), dated 13 April 2012, copies of which are attached.
Finally, the Board considered your rebuttal letter dated 29 June
2012.
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 opinion from JAM1. Accordingly, your
application for relief beyond or other than that effected by CMC
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,
W. ‘BEAN ‘p
Executive D 1
Enclosures
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NAVY | BCNR | CY2009 | 12153-09
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NAVY | BCNR | CY2012 | 00377 12
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NAVY | BCNR | CY2013 | NR8611 13
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NAVY | BCNR | CY2008 | 01749-08
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