DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7162-07
3 July 2008
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
modified the contested fitness report for 30 June to
20 October 2006 by changing section A, item 3.a (occasion) from
“CD” (change of duties) to “TR” (transfer); changing the ending
date from 20 October 2006 to 15 November 2006; marking section
A, item 6.a to show you were the subject of commendatory
material; and changing the pistol qualification code in section
A, item 8.a, from “N” (not required) to “E” (expert). CMC also
directed removing the contested report for 21 October to
15 November 2006.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 July 2008. 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 30 July 2007, a copy of which is
attached. The Board also considered your rebuttal letters dated
21 August 2007 with enclosures, 27 August 2007 with enclosures
and 16 November 2007.
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 that when it was determined the previous
reporting senior (RS) had lost professional objectivity, your
commanding general had the authority, under Marine Corps Order
(MCO) P1610.7F, paragraph 2010.6.d, to modify the reporting
chain by making Colonel T--- your RS. The Board was unable to
find Colonel T--- did not properly establish himself as your new
RS. With due regard to the list of accomplishments you
provided, the Board was unable to find Colonel T--- gave you an
evaluation less favorable than what you deserved or that he felt
compelled to justify your having been reassigned. The Board
particularly noted that the report he submitted differed greatly
from the rejected report submitted by Lieutenant Colonel J---,
which was adverse. Finally, the Board found it an immaterial
error that section I (RS’s “Directed and Additional Comments” )
of the contested report did not include the comment, required by
MCO P1610.7F, paragraph 4012.4.b(7), acknowledging the change in
your reporting chain. 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,
W. DEAN b
F
Executive tor
Enclosure
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