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NAVY | BCNR | CY2008 | 05664-08
Original file (05664-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JSR

Docket No: 5664-08
10 July 2008

 

pplication 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 10 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. In addition, the Board considered the
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 5 June 2008, a copy of which is
attached, and your letter of 30 June 2008.

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 the reporting senior’s comments about your off-
duty education and choice of reading material addressed matters

of sufficient significance to warrant mention. [In finding it
was not a material error that your annual fitness report ending
31 May 2007 was omitted in favor of a transfer report ending 11
July 2007, the Board noted that the reporting senior expressed
dissatisfaction with your performance in May 2007, before the
ending date of the annual report you could have received. [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,

Lo Dee r
Ww. EAN F
Executive D e

Enclosure

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