DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 10978-07
31 January 2008
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552. You requested removing the
fitness report for 18 November 2005 to 30 April 2006.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report by removing,
from section I (reporting senior's "Directed and Additional
Comments"), "SECT [section] A, Item 3a: SNM [subject named
Marine] was transferred due to current limited duty status for
treatment of psychological problems.”
Records, sitting in executive session, considered your
application on 31 January 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 4 December 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. In this connection, the Board substantially
Accordingly, 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,
wo W. DEAN PFEIFFER
Executive Director
Enclosure
NAVY | BCNR | CY2009 | 12296-09
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 | CY2008 | 07739-08
You also initially requested modifying the reports for 13 October 1998 to 23 April 1999 and 1 January to 15 June 2007, but you telephonically indicated on 18 July 2008 that you were satisfied with complete removal of these reports, which has been directed by the Commandant of the Marine Corps (CMC). A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2008. Consequently, when applying for a correction of...
NAVY | BCNR | CY2007 | 8556-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 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, and your prior case file. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2007 | 08556-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 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, and your prior case file. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2007 | 10533-07
DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 2O37O-5100 JSRDocket No. 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 reports of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB), dated 16 and 19 November 2007 and 15 January 2008,...
NAVY | BCNR | CY2010 | 03374-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2010. 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 removal of your failure of selection by the FY 2010 Captain Selection Board. Consequently, when applying for a correction of an official naval...
NAVY | BCNR | CY2008 | 02424-08
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. The Board found the fitness report for 1 January to 21 May 2007 should stand, though it disagreed with the PERB position that the removal of the report for 3 November to 31 December 2006 nullified your objection to not having been counseled before your mark in section G.2 (“Decision Making...
NAVY | BCNR | CY2008 | 06325-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2009. In this regard, the Board noted that the recommendation, in the MCRC advisory opinion dated 3 September 2008, to remove this documentation gave no basis for concurring with your request. 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...
NAVY | BCNR | CY2014 | NR4748 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on lt September 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR5304 14
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 July to 31 December 2008 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “I rank him 6 of 6 Staff Sergeants in the NROTC [Naval Reserve Officers’ Training Corps] program.” and further directed modifying the report for 1 January to 7 August 2009 by removing, from section I, “Promote behind peers. I rank him 6 of 6 Staff Sergeants in the...