DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 2207-08
26 June 2008
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 3 March 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.
Accordingly, 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,
\wQeeS C
W. DEAN PPRIREE
Executive Direatod
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 iN REPLY REFER TO:
1610
MMER/PERB
MAR 05 2098
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
cere oe iii ta i i oo Heit a Gis re renee yee
my
Pare DD Form 149 of 1 Nov 07
Ref : ake Ee OTs me
(b) MCO P1610.7E w/ch 1-5
1. Per MCO 1610.11C, the Performance Evaluation Review Board,
with three members present, met on 23 January 2008 to consider
wei Wictition contained in reference (a). Removal of
fitness report for the period 20021207 to 20030119 (DC) was
requested. Reference (b) is the performance evaluation directive
governing submission of the report.
2. The petitioner requests the removal of an adverse fitness
report that’ he received for being subject to nonjudicial
punishment (NJP). He has not provided any supporting documents.
3. In its proceedings, the Board concluded that the appealed
report is both administratively correct and procedurally complete
as written and filed. The following is offered as relevant:
a. The petitioner argues that there is no record anywhere in
his Official Military Personnel File (OMPF) or his service record
book (SRB) that documents the NUP, and therefore this fitness
report should be removed. The command’s failure to properly
document and report the NJP is in error, however, it has no
bearing on this fitness report. The Board found that the lack of
documentation elsewhere in the petitioner’s record, does not
establish a basis for removing the fitness report which does
properly document the NUP.
b. The Board also found that in his rebuttal, the petitioner
accepted full responsibility for his actions that led to the NUP.
By his own admission, he was clearly guilty of the offense, thus
rendering the report accurate.
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