DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5701-08
21 August 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 that the fitness report for 18 May to
15 August 2006 be modified, in accordance with the reporting
senior’s (RS’s) letter dated 9 March 2008, by raising the mark
in section D.2 (“proficiency”) from *C” (fifth best of seven
possible marks) to “D” (fourth best).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 August 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 15 July 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,
except to note that the reviewing officer indicated he had had
insufficient observation to concur or nonconcur with the RS’s
marks, so seeking input from him would appear not to be useful.
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.
Although the Board voted not to modify the fitness report in
question, you may submit the RS’s letter to future selection
boards.
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,
SS
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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