DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TDK Docket No. 284-16 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 1552. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 15 March 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The Board also reviewed the advisory opinion provided by Headquarters Marine Corps memorandum 5420 MMEA dated 21November2016 ("AO"), which was previously provided to you. Additionally, the Board considered your additional submission ofsupporting documents dated 20 October 2016. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding ofthe issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence ofrecord. On 23 April 2015, the Commanding Officer (CO) ofThird Recruit Training Battalion notified you that he was recommending you for relief for cause (RFC) because he had lost all trust and confidence in you to effectively perform in a recruit supervisory role. You acknowledged the RFC and attached a statement to your RFC recommendation. The CO ofThird Recruit Training Battalion submitted his recommendation to the Commanding General (CG), Marine Corps Recruit Depot, via the CO, Recruit Training Regiment. He recommended to the CG that you be RFC due to malpractice and personal misconduct. He stated that you were subject ofa preliminary investigation (PI) for alleged recruit abuse in which the investigating officer substantiated said allegations and added that he lost all trust and confidence in you to effectively perform your supervisory role. On 5 May 2015 the CO, Recruit Training Regiment recommended the approval ofthe RFC to the CG. On 14 May 2015, the CG, Marine Corps TDK Docket No. 284-16 Recruit Depot approved the RFC and voided your additional MOS of091 l. On 8 July 2015, you submitted a request for a set aside to the CG and on 21July2015 the CG disapproved your request. After careful and conscientious consideration of the entire record and application, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board carefully weighed all potentially mitigating factors, such as your desire to remove the RFC and overturn the 0911 MOS being voided and your assertions that you were RFC due to you exercising your right to refuse NJP and your chain ofcommand not consider your exemplary record as a Marine Drill Instructor. The Board found no evidence ofan error or injustice and believed that the CO was within his right to submit you for RFC and that the overall approval was within the Commanding General (CG), Marine Corps Recruit Depot authority. The Board also noted that if you felt that you were retaliated against, you could have submitted an Article 138 (Complaint ofWrongs) but you did not. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew evidence. New evidence is evidence 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 ofprobable material error or injustice. Sincerely, ~MU Executive Director 2