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NAVY | BCNR | CY2007 | 08556-07
Original file (08556-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

Docket No: 8556-07
31 October 2008

 

 

 

This is in reference to your application dated 3 April 2007 with
attachment, seeking reconsideration of your previous application
for correction of your naval record pursuant to the provisions
of title 10 of the United States Code, section 1552. You again
requested removing the fitness report for 9 August 2003 to

6 January 2004. Your previous case, docket number 8539-06, was
denied on 19 October 2006. You also made a new request to
remove the fitness report for 26 to 27 February 2004.

It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report for 26 to
27 February 2004.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 October 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, and your prior case file. In
addition, the Board considered the reports of the Headquarters
Marine Corps Performance Evaluation Review Board (PERB), dated
15 January and 30 April 2008, and a memorandum for the record
dated 23 October 2008, copies of which are 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
dated 30 April 2008 in concluding the remaining contested
fitness report should stand. The Board was unable to find this
report was used as a counseling or disciplinary tool. In view
of the above, the Board again voted to deny relief beyond that
effected by CMC. 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,

and

W. DEAN PFET R
Executive Dir oO

Enclosures

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