DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 1756-08
26 June 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 June 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 19 February 2008, a copy of which is
attached, and your e-mail dated 19 June 2008 with attachment.
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 found paragraph 3.a(4) also applied to the contested
fitness report for 16 June 2005 to 16 July 2006, except the
applicable authority was reference (c), vice (b). The
supporting statement you provided with your e-mail, which
addressed only the period April 2004 to April 2006, did not
persuade the Board of any error or injustice in the evaluation
of your performance. Since the Board found no defect in your
performance record, it had no basis to grant your implied
request to remove your failures of selection by the Fiscal Year
2007, 2008 and 2009 Lieutenant Colonel Selection Boards. 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,
\ Soa
W.- DEAN RK R
Executive or
Enclosure
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