DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5~OO

JSR
Docket No:7768-07
27 March 2008

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, in effect, that the package reflecting your relief for the good of the service from drill instructor duty, except the Commanding General approval letter dated 9 March 2006, be removed from your Official Military Personnel File (OMPF), or as a second preference, that this package be transferred from the “Other Commendatory-Derogatory” folder of your OMPF to the “Service-Miscellaneous” folder, and that your rebuttal of 20 January 2006 be added to the package.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 March 2008. 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 opinions furnished by Headquarters Marine Corps (HQMC), dated 3 October 2007, 5 December 2007 and 14 January 2008, and the Bureau of Medicine and Surgery dated 21 February 2008, copies of which are attached. The Board also considered your letter dated 6 March 2008 with enclosures.

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 opinions dated 5 December 2007, 14 January 2008 and 21 February 2008 in concluding that filing and retaining the contested material in your OMPF did not violate Depot Order P1300.5A, Marine Corps Order P1070.12K, the Privacy Act of 1974 or the Health Insurance Portability and Accountability Act. You may submit to HQMC (MMSB-20) a request that the package be transferred to the “Service-Miscellaneous” folder and that your rebuttal be added to it. 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.
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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