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

BJG
Docket No: 4878-06
10 August 2006

Dear Chief Warrant Officer

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 10 August 2006. Your allegations of error and injustice we e reviewed in accordance with administrative r~gu1ations arid 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 15 March and 1 June 2006, and the memorandum for the record (MFR) dated 5 July 2006, copies of which are attached. The Board also considered your rebuttal letter dated 30 June 2006 with enclosure.

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 15 March 2006, particularly noting the additional information reflected in the MFR, concerning the applicability to your case of the Marine Corps Manual for Legal Administration. The Board also observed that your record includes neither the investigation of your case nor your nonpunitive letter of caution; it merely mentions the investigation and unspecified administrative measures. 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 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,

DEAN PFEIFFER
Executive Director

Enclosures