DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5661-08
3 July 2008
This is in reference to your application dated 18 March 2008
with enclosure, seeking reconsideration of your previous
application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
Your previous case, docket number 10160-06, was denied on
14 December 2006.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report for 10 January
to 28 February 2006 by removing all references to the service
record page 11 (“Administrative Remarks (1070)”) entry dated
1 March 2006, whose removal was directed by this Board in your
other previous case, docket number 3653-07.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 July 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, and the Board’s files on your prior
cases. In addition, the Board considered the report of the
Headquarters Marine Corps Performance Evaluation Review Board
(PERB), dated 29 May 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.
The Board concluded that your having been assigned subsequently
to drill instructor duties did not refute the reporting senior’s
statement that you were relieved of such duties. In view of the
above, your application has again 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,
W. DEAN P
Executive Di
Enclosure
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