DEPARTMENT OF THE NAVY
A
fae oe he
*
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24290
JSR
Docket No: NR914$-14
15 October 2014
Dear Gunnery Sergeant zy
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 fitness reports for 1 July 2010 to 16
May 2011 and 17 May to 16 September 2011. ° You also requested
removing, from your Official Military Personnel File {(OMPF) and
the Marine Corps Total Force System (MCTFS), all documents and
entries reflecting your nonjudicial punishment of 5 May 2011
that has been set aside by your commanding officer’s action of 8
April 2014.
Tt is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report for 1 July 2010
to-16 May 2011. You may submit your request for removing from
your OMPF all documents reflecting the set aside NJP to
Headquarters Marine Corps (HOMC) MMRP. You may submit your
request for removing from MCTFS all entries reflecting the NJP
to HOMC MIQ.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 October 2014. 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 HOMC Performance Evaluation Review Board (PERB),
dated 1 August 2014, a copy of which is 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 report of the PERB.
Accordingly, your application for relief beyond 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 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 material
error or injustice.
Sincerely,
ROBERT J. O’NEILL
Executive Director
Enclosure
NAVY | BCNR | CY2014 | NR1145 14
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board, requesting that his naval record be corrected by removing any and all derogatory material regarding the nonjudicial punishment (NUP) imposed on 31 July 2007 and the fitness report (FITREP) for the period from 16 December 2006 to 31 July 2007, which references the NUP, from both his official military personnel file (OMPF) and the Marine Corps Total Force System...
NAVY | BCNR | CY2013 | NR4717 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2014. in addition, the Board considered the report of the Headquarters Marine Corps (HOMC) Performance Evaluation Review Boarg (PERB) dated 17 May 2013, the e-mail from HOMC dated 18 July 2013, and the advisory opinions furnished by HOMC dated 18 February 2014 with attachment (MEMORANDUM FOR SECRETARY OF THE NAVY, Subject: Promotion Recommendation...
NAVY | BCNR | CY2014 | NR0271 14
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all derogatory material regarding the nonjudicial punishment (NUP) imposed on 27 April 2010 from his Official Military Personnel File (OMPF). e. Enclosure (4), an advisory opinion from HOMC Military Justice Branch, Judge Advocate Division (JAM) regarding Petitioner's request to remove the NJP...
NAVY | BCNR | CY2011 | 03147-11
Petitioner further requested removing the service record page 11 (“Administrative Remarks (1070)”) entry dated 19 March 2008, a copy of which is at Tab F. Finally, he requested setting aside the Commandant Of the Marine Corps (CMC)'s revocation dated 8 July 2008 of his selection by the Fiscal Year (FY) 2007 First Sergeant Selection Board and promoting him to first sergeant with the lineal precedence he would have had, but for the revocation. The PERB report at enclosure (2) stated that...
NAVY | BCNR | CY2010 | 02819-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing documentation of his relief for cause (RFC) from recruiting duty. The Board, consisting of Messrs. Grover, Ivins and McBride, reviewed Petitioner's allegations of error and injustice on 1 July 2010, and pursuant to its regulations, determined that the corrective action indicated below...
NAVY | BCNR | CY2013 | NR8499 13
You requested removing the fitness report for 14 February to 10 June 2011 and your two rebuttals, each dated 8 June 2011, to the service record page 11 ("Administrative Remarks (1070)") entries dated 25 May and 1 June 2011, respectively. Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2015. Since the Board found insufficient grounds to remove either of your failures of selection for promotion, it had...
NAVY | BCNR | CY2014 | NR4259 14
‘ Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying the Memorandum for the Record associated with the contested fitness report by changing the corrected ending date in section A, item 3.b (*To”) from “90110917” to 690110907"; and adding the following corrections in section A: item 1.h (*BILMOS [Billet Military Occupational Specialty) ") from *0000" to “0699,” item 2.a ("MCC {Monitored Command Code)” ) from “SND” to “SP2," item 2.b (*RUC [Reporting Unit Code]*)...
NAVY | BCNR | CY2014 | NR1043 14
1552 Encl: (1) DD Form 149 with attachments {2) Case summary (3) Petitioner's naval record/cCD (4) HOMC JAM memo dtd 9MAY14 i. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all derogatory material regarding the imposition of two nonjudicial punishments (NJP) on 7 May and 25 August 1997, from the Marine Corps Total Force System (MCTFS). The...
NAVY | BCNR | CY2014 | NR5272 14
The Board, consisting of Messrs. Hicks, Spooner and Swarens, reviewed Petitioner's allegations of error and injustice on 20 November 2014, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. e. In enclosure (6), MIQ again commented to the effect that the contested entry dated 6 January 2012 should stand, but further commented to the effect that Petitioner’s request to remove the entries dated 14 December...
NAVY | BCNR | CY2012 | 02280 12
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)") entry dated 30 March 2009, a copy of which is at Tab A. That his record be corrected further to restore his AMOS of 8411. c. That his record be corrected further to show his entitlement to SDA pay for 21 July 2010 to 13 June...