DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR4293-14
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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 the service record page 11
(“Administrative Remarks (1070)”) entry dated 23 October 2013
and your undated rebuttal.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 April 2015. Your allegations cl 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 opinions from Headquarters Marine Corps dated 9 October
and 26 November 2014, copies of which are attached.
yates
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 advisory opinion
dated 26 November 2014 and disagreed with the advisory opinion
dated 9 October 2014, which recommended removing the contested
page 11 entry on the basis that your Official Military Personnel
File did not include the enclosures to your rebuttal. The Board
noted that Marine Corps Order P1070.12K, section 4003.4, which
you say “stipulates that rebuttal statements and enclosures be
included with the submittal of a page 11,” does not state that
enclosures to page 11 rebuttals must be included in the record.
The Board was unable to find that the entry was excessive for
the misconduct it addresses, nor could it find the entry was ~
unjustified. 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. cs mie
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
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. In this regard, it
ig 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,
ROBERT J. O'NEILL
Executive Director
Enclosure
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The page 11 entry was not considered, as the attached e-mail dated 28 October 2014 from Headquarters Marine Corps (HOMC) shows that neither the entry nor your rebuttal appears in your Official Military Personnel File. A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 20 November 2014. New evidence is evidence not previously considered by the Board prior to making its gecision in this case.
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