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NAVY | BCNR | CY2008 | 05859-08
Original file (05859-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

BUG
Docket No: 5859-08
17 July 2008

 

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 17 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

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 13 June 2008, a copy of which is

attached.

After careful and conscientious consideration of the entire
recerd, 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 also noted that both your weight and body fat
documented in section A, item 8 of the contested fitness report

were out of standards. 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

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 PF
Executive e r

Enclosure

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