Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 01095-07
Original file (01095-07.rtf) Auto-classification: Denied

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

BJG
Docket No: 1095-07
5 April 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.

It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 1 July to 16 August 2003 by removing section K (reviewing officer’s marks and comments)

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 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 25 January 2007, a copy of which is attached. The Board also considered your counsel’s rebuttal letter dated 21 March 2007 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 report of the PERB. The Board found no inconsistency between the adverse mark in section D.1 (“Mission Accomplishment”) and the favorable reporting senior comments in section I. The Board was unable to find the adverse marks and comments did not take due account of your commendable performance of duty. Finally, your more favorable fitness reports for other periods did not convince the Board you were evaluated erroneously or unjustly in the contested report. In view of the above, your application for relief beyond that effected by CMC 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,







Enclosure

Copy to:

Similar Decisions

  • NAVY | BCNR | CY2009 | 12296-09

    Original file (12296-09.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. In this connection, the Board substantially concurred with the comments contained in the report of the PERB, except the Board was persuaded that the reporting senior’s portion of the original version of a superseded version of the contested fitness report for 3 October 2007 to 30 September...

  • NAVY | BCNR | CY2007 | 01480-07

    Original file (01480-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100BJGDocket No:1480-079 March 2007This 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.It is noted that the Commandant of the Marine Corps (CMC) hasdirected removing the contested fitness report for3 October 2003 to 31 March 2004; and Headquarters Marine Corps(HQMC) has directed modifying the...

  • NAVY | BCNR | CY2007 | 03854-07

    Original file (03854-07.rtf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 24 April 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2007 | 09502-07

    Original file (09502-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 2O37O~5 100BJGDocket No:9502-079 November 2007This 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.It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 1 May to 15 November 1999 by removing section K (reviewing officer’s marks and comments)A...

  • NAVY | BCNR | CY2007 | 03627-07

    Original file (03627-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEXWASHINGTON DC 2Q37O-51OOBJGDocket No:3627-0710 May 2007This 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.It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 1 May to 6 July 2000 by removing section K (reviewing officer’s marks and comments)A three-member...

  • NAVY | BCNR | CY2007 | 03874-07

    Original file (03874-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEXWASHINGTON DC 2O37O-5100BJGDocket No:3874-0725 May 2007This 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.It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 1 October to 30 November 2004 by changing item 3.c (“type”) from “N” (normal peacetime reporting)...

  • NAVY | BCNR | CY2007 | 02619-07

    Original file (02619-07.rtf) Auto-classification: Denied

    Most importantly, the Board found that the reviewing officer failed to provide the petitioner an opportunity to submit a rebuttal to his comments. Finally, the Board found that the reviewing officer failed to have the report reviewed by a Third Officer Sighter for appropriate action. Because of the aforementioned discrepancies, the Board found that the report is procedurally incorrect and directed that section “K” be expunged in its entirety; this makes the report procedurally...

  • NAVY | BCNR | CY2007 | 07162-07

    Original file (07162-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 July 2008. 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2014 | NR5198 14

    Original file (NR5198 14.pdf) Auto-classification: Denied

    You requested removing the fitness reports for 1 January to 25 June 2007, 11 July to 31 December 2009 and 19 May to 31 December 2010. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 January to 25 June 2007 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] is assigned to the Body Composition Program.” and “SECT[ion] A, Item 5a: MRO is currently assigned to the Body...

  • NAVY | BCNR | CY2002 | 00095-01

    Original file (00095-01.pdf) Auto-classification: Denied

    Head, Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE NAVY NeADQUARTeRS UNITED STATES MARINE CORPS 134-B 103 S~BORUSSELLROAD VJRGINlA 22 OUANTICO, From: To: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11C’ Per the reference, the Performance Evaluation Review Board 1. has reviewed allegations of error and injustice in your Naval record. directed that your Naval record will be corrected by...