DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
	2 NAVY ANNEX	
	WASHINGTON DC 20370-5100

		CRS
		Docket No: 6624-05
		8 May 2006

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 19 April 2006. 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 advisory opinion furnished by Headquarters Marine Corps dated 27 January 2006, 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 advisory opinion.

Concerning your request to remove several specifications of misconduct from the nonjudicial punishment you received, the record contains no evidence that you were not guilty as you have claimed, and you submitted no such evidence. 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,

W. DEAN PFEIFFER
Executive Director

Enclosure

2

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3000 MARINE CORPS PENTAGON
WASHINGTON, DC 20350-3000
IN REPLY REFER TO:
1070
JA144

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:  APPLICATION FOR CORRECTION IN THE CASE OF EX-PFC  IV, USMC,

	Ref: (a) NDRB, Discharge Review Dec~s~onai Document Docket No. MD 02-00926
                                    (b) Applicant’s Memorandum dtd 10 Aug 2005

1.You requested we provide an advisory opinion on ex-PFC  (hereinafter “Applicant”) application to upgrade his discharge from Other than Honorable to General (Under Honorable Conditions).

2. Opinion. We recommend the Board deny relief. The facts and circumstances of the Applicant’s case are adequately presented in reference (a) . The Applicant provides no additional information in reference (b) . We concur in the analysis and conclusions of reference (a) . Applicant fails to provide substantial evidence of probable material error or injustice in support of his application.

3. Conclusion. Accordingly, we recommend the Applicant’s relief be denied.

4. Please contact the Military Law Branch at (703) 614-4250, if you require additional information.

Head, Military Law Branch
Judge Advocate Division