DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
BUG
Docket No: 1201-08
7 November 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, in effect, that the fitness report for
1 April 2006 to 31 March 2007 be modified, in accordance with
the reporting senior’s (RS’s) letter of 22 June 2007, by raising
the mark in section F.1 (“leading subordinates”) from “C” (fafth
best of seven possible marks) to “D" (fourth best).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 November 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 1 February 2008, 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
concurred with the comments contained in the report of the PERB,
noting the reviewing officer concurred with the contested
original mark. While the Board recognized the RS’s letter was
submitted less than two months after he had signed the fitness
report at issue on 1 May 2007, the Board was unable to find the
revised mark was more fair and accurate than the original. 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.
Although the Board voted not to modify the fitness report in
question, you may submit the RS’s letter to future selection
boards.
It ig 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,
Ivo
W. DEAN PF
Executive Dikdcvor
‘Enclosure
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