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

BJG
Docket No: 1513-07
8 March 2007

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 8 March 2007. 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 Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 9 February 2007, 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 has been denied. The names and votes of the members of the panel will be furnished upon request.

Although the Board voted not to modify the fitness report in question, you may submit the reporting senior’s letter dated 7 September 2006 to future selection boards.

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,

Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-s 103
IN REPLY REFER TO:
1610
	MMER/ PERB
FEB 09 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF

(a)   DD Form 149 of 11 Sep 06
(b)	MCO P1610.7F

1.	Per MCO 1610.11C, the Performance Evaluation Review Board, with three members present, met on 31 January 2007 to consider  	contained in reference (a). Modification of the fitness report covering the period 20050601 to 20060531 (AN) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner requests to have attribute markings “G-1” and “G-3” upgraded to “E” and “D” respectively. He also request that section “I” reflect he completed the Nonresident Command and Staff College Course.

3.	In its proceedings, the Board concluded that the report covering the period 20050601 to 20060531 (AN) is administratively correct and procedurally complete as written and filed. The following is offered as relevant:

a.	Per paragraph 8007.2 of reference (b), “The Commandant of the Marine Corps ... can approve a revised assessment of a Marine’s conduct or performance based entirely on facts about the Marine that were unknown when the original report was prepared.” The Board found that the advocacy letter the petitioner provides from the reporting senior does not specify what facts have been brought to his attention that warrants a change in attribute markings. The Board also found that the advocacy letter lacks the reporting senior’s signature.

b.	After thorough review, the Board could find no evidence that the petitioner completed the C&SC Course, since the petitioner does not provide any documentation and there is no certificate in his Official Military Personnel File (OMPF).

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF

4.	The Board’s opinion, based on deliberation and secret ballot vote, is that the contested fitness report, covering the period 20050601 to 20060531 (AN), should remain a part ficial military record.

5.	The case is forwarded for final action.

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