Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 08377-06
Original file (08377-06.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 8377-06
28 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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 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 31 August 2006, a copy of which is
attached. The Board also considered your rebuttal letter dated
12 September 2006.

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.

The Board noted you also submitted a supporting statement from a

Marine Corps captain who served in your platoon during the
pertinent period, but the Board did not find this statement
persuasive, as the captain was not responsible for evaluating
your performance. Further, the contested fitness report
acknowledged that you were generally a “great asset.” 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,

W. DEAN p ELREE
] Dirac

Executive

 

Enclosure

Similar Decisions

  • NAVY | BCNR | CY2006 | 00933-06

    Original file (00933-06.doc) Auto-classification: Denied

    It is noted that the Commandant of the Marine Corps (CMC) has directed removing the uncontested “not observed” fitness report for 16 March to 1 June 2004. Per the reference, the Performance Evaluation Review Board has reviewed allegations of error and injustice in subject’s naval record and the following action is requested: a. That subject’s naval record be corrected by removing the following fitness report: Date of Report Reporting Senior Period of Report 29 June 2005 LtCol - 20040316 to...

  • NAVY | BCNR | CY2006 | 06373-06

    Original file (06373-06.pdf) Auto-classification: Denied

    Specifically concerning the contested section K of the fitness report for 2 September 2000 to 5 March 2001, the Board found the mark in section K.3, the second lowest of eight possible marks, did not require marking section K.2 (“Evaluation”) “Do Not Concur [with reporting senior].” The Board substantially concurred with the advisory opinion from MMOA-4 in concluding your selection by the FY 2007 Major Selection Board would have been definitely unlikely, even if the correction directed by...

  • NAVY | BCNR | CY2005 | 07287-05

    Original file (07287-05.rtf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 23 August 2005, 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2009 | 09932-09

    Original file (09932-09.pdf) Auto-classification: Denied

    These requests were denied on 2 September 2004. In addition, the Board considered the advisory opinion from the Headquarters Marine Corps (HQMC) Career Management Team (CMT), dated 24 July 2008 with enclosures, and the reports of the HQMC Performance Evaluation Review Board (PERB), dated 18 September 2008 and 8 September 2009, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...

  • NAVY | BCNR | CY1999 | Document scanned on Mon Sep 25 11_34_27 CDT 2000

    It is noted that the Commandant of the Marine Corps (CMC) has modified the contested report by changing the mark in item 14a (“endurance”) from “above average” to “not observed.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 1999. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22...

  • NAVY | BCNR | CY2006 | 04858-06

    Original file (04858-06.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEXWASHINGTON DC 20370-5100BJGDocket No:4858-068 December 2006This is in reference to your letter dated 24 May 2006 with enclosure, submitted in response to the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) dated 28 April 2006. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2006 | 03848-06

    Original file (03848-06.rtf) Auto-classification: Denied

    You now request that this section K be modified, in accordance with the RO’s letter dated 15 February 2006, to reflect that the RO had “insufficient” observation to assess your performance.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 August 2007. The petitioner offers an advocacy letter from the reviewing officer which requests that the report now be marked “insufficient observation” vice “sufficient...

  • NAVY | BCNR | CY2006 | 07183-06

    Original file (07183-06.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2007 | 09135-07

    Original file (09135-07.rtf) Auto-classification: Denied

    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 (PERE), dated 21 September 2007, a copy of which is attached, and your letter dated 28 October 2007.After careful and conscientious consideration of the entire record, the Board...

  • NAVY | BCNR | CY2006 | 06177-06

    Original file (06177-06.pdf) Auto-classification: Denied

    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. Subsequently he petitioned the Performance Evaluation Review Board (PERB) to modify CD report 19901101 to 19901221, CH report 19901222 to 19910327, CH report 19910823 to 19920510 and TR report 19920511 to 19920816 and to remove his failure’of selection. The PERB concluded that the petitioned...