DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1749-08
16 April 2009
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 completely removing the fitness reports for
12 July to 31 December 2001 and 12 December 2003 to 6 July 2004.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the report ending 31 December 2001 and
modifying the report ending 6 July 2004 by removing, from
section I (reporting senior’s “Directed and Additional
Comments”), all the material to which you objected: “With
guidance”; “Adequately” and “Overall, I rate him 6 of 6 Captains
[sic] in the Battalion. [sic].”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 April 2009. 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 (HQMC) Performance
Evaluation Review Board (PERB), dated 19 February 2008, and the
advisory opinion from the HQMC Officer Counseling and Evaluation
Section, Personnel Management Division (MMOA-4), dated
9 March 2009, copies of which are attached. The Board also
considered your rebuttal letter dated 6 April 2009.
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 further concurred with the advisory opinion from
MMOA-4 in concluding your selection by the Fiscal Year 2008
Major Selection Board would have been definitely unlikely, had
your record been corrected as CMC has directed. 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,
lo Qeard )
Ww. bali,
Executive Birector
Enclosures
NAVY | BCNR | CY2008 | 07740-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2009. 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 | CY2008 | 08226-08
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NAVY | BCNR | CY2007 | 04306-07
It is noted that the Commandant of the Marine Corps (CMC) has directed correcting the contested fitness report by changing the entry in item 17.a (“Commendatory”) from “No” to “Yes.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2008. The Board agreed with the advisory opinion from MMOA-4 in concluding the correction of item 17.a of the fitness report at issue would not have appreciably enhanced...
NAVY | BCNR | CY2002 | 00095-01
Head, Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE NAVY NeADQUARTeRS UNITED STATES MARINE CORPS 134-B 103 S~BORUSSELLROAD VJRGINlA 22 OUANTICO, From: To: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11C’ Per the reference, the Performance Evaluation Review Board 1. has reviewed allegations of error and injustice in your Naval record. directed that your Naval record will be corrected by...
NAVY | BCNR | CY2001 | 05333-01
directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Keport Reporting Senior Period of Report 22 Jan 99 980801 to 981231 (CH) There will be inserted in your Naval record a memorandum in 2. review ailed + Performance Evaluation Review Board (PERB) to remove the Change of Reporting Senior Fitness Report for the period 980801 to 981231. equests...
NAVY | BCNR | CY2001 | 05329-01
Your last request was not considered, as you have not been selected for or promoted to lieutenant colonel. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has Date of Report Reportin gSenio r Period of Report 11 Apr 00 There will be inserted in your Naval record a memorandum in 2. Performance Evaluation Review Board (PERB) to record and e FY02 USMC remove the To He successfully...
NAVY | BCNR | CY2001 | 07185-01
Enclosure (2) is furnished to assist in By enclosure 3. a copy of the Advisory Opinion contained at enclosure (3), this Headquarters provided Majo ith Head, "Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps 1610 MMER/PERB 23 kU6 20% From: Co To: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11C MC 41 Per the reference, the Performance Evaluation Review Board 1. has reviewed allegations of error and injustice in your...
NAVY | BCNR | CY2009 | 09245-09
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NAVY | BCNR | CY2006 | 06373-06
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NAVY | BCNR | CY2002 | 00955-00
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