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NAVY | BCNR | CY2006 | 07183-06
Original file (07183-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

BJG
         Docket No:7183-06
22 September 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. You requested that the fitness report for 1 November 2005 to 3 January 2006 be removed, leaving in your record the “not observed” report for 1 November 2005 to 4 January 2006.

It is noted that the Commandant of the Marine Corps (CMC) has directed removing the uncontested report for 1 November 2005 to 4 January 2006.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 September 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 report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 10 August 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 warranting relief. In this connection, the Board substantially concurred with the comments contained in the report of the PERB. Accordingly, your application for relief other than that effected by CMC has been denied. The names and votes of the members of the panel will be furnished upon request.







Although the Board voted not to restore the removed report to your record, you may submit this report and the reporting senior’s letter of 28 March 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,



W. DEAN PFEIFFER
Executive Director

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