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701 S. COURTHOUSE ROAD, SUITE 100)
ARLINGTON, VA 22204-2490
JSR
Docket No: NR5123-14
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Se They pe ed
Dear Staff Sergeant (A, - ~My,
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 8 January 2015. 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 recorded and applicable statutes,
regulations and policies. in addition, the Board considered the
advisory opinion from Headquarters Marine Corps (HOMC) dated 20
October 2014 and the e-mail from HQMC dated 8 September 2014,
copies of which are attached.
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.
The Board found that while the contested counseling entry dated
25 June 2009 was not entered in the Field Folder of your
Official Military Personnel File until 4 January 2013, it was
entered in the Service-Contract Folder on 5 August 2009, less
than two months after the date of the entry. The Board was
unable to find your sergeant major told you the entry would not
be filed in your record. 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
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
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
material2error or injustice.
Sincerely,
ROBERT J. O’NETLE
Executive Director
Enclosure
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