DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 3613-08
19 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.
You requested removing the fitness report for 1 May 2004 to 20
March 2005 and your failures of selection by the Fiscal Year
2007 and 2008 Chief Warrant Officer 3 Selection Boards.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report.
A three-member panel of the Board for Correction of Naval
Records, sitting in -executive session, considered your
application on 19 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 (HQMC) Performance
Evaluation Review Board (PERB), dated 7 April 2008, and the
advisory opinion from the HOMC Officer Counseling and Evaluation
Section, Personnel Management Division (MMOA-4), dated
9 April 2008, copies of which are 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 advisory opinion
from MMOA-4 in concluding your failures of selection for
promotion should stand, as your selection would have been
definitely unlikely in any event. Accordingly, 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,
Enclosures —
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 IN REPLY REFER To:
1610
MMER/PERB
APR 07 zuus
From: Commandant of the Marine. Carp
Subj: CORRECTION OF NAVAL RECORD
Ref: (a) Your DD Form 149 of 27 Nov 07
(b) MCO 1610.11¢c
1. Per the reference, the Performance Evaluation Review Board has
reviewed allegations of error and injustice in your naval record.
Having reviewed all the facts of record, the Board has directed
that your naval record will be corrected by removing the following
fitness report:
Date of Report Reporting Senior Period of Report
15 March 2005 20040501 to 20050320 (TD)
2. There will be inserted in your naval record a memorandum in
place of the removed report. The memorandum will contain
appropriate identifying data concerning the report and state that
it has been removed by direction of the Commandant of the Marine
Corps and cannot be made available in any form to selection boards
and reviewing authorities. It will also state that such boards
may not conjecture or draw any inference as to the nature of the
report or the events that may have precipitated it, unless such
events are otherwise properly a part of the official record. The
PES (the data base which generates your Master Brief Sheet) will
be corrected accordingly.
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By direction
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