DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 00944-08
29 August 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.
You requested removing the original fitness report for 21
September 2005 to 15 September 2006 and related material. You
also impliedly requested removing the supplemental report for
the same period and the undated letter of transmittal forwarding
that report.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 August 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
advisory opinion furnished by the Navy Personnel Command dated
29 February 2008, a copy of which is attached. The Board also
considered your letter dated 8 April 2008.
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 advisory opinion.
The Board was unable to find that block 28 ("Command employment
and command achievements") of your fitness report for
21 September 2005 to 15 September 2006 should have shown "MOB, "
noting the reporting senior did not make that change in the
supplemental report he submitted for the period. 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 PFE
Executive Di
Enclosure
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