DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 6295-08
28 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 Auguust 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 26 June 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.
Accordingly, 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
.
ae
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,
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1610
MMER /PERB
JUN 2 6 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
I
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
Ut
WD Form 149 of 22 Feb 08
Rf: ees
_
(b) MCO P1610"
1. Per MCO 1610.11C, the Performance Evaluation Review Board,
with three members present, met on 11 June 2008 to consider
eMbetition contained in reference (a). Removal of
the fitness report for the period 20070320 to 20070501 (TR) was
requested. Reference (b) is the performance evaluation directive
governing submission of the report.
2. The petitioner received this adverse fitness report because
he received a derogatory page il entry for providing alcohol toa
Marine under the age of 21, and attempting to influence a junior
Marine to deny the fact that she attended a party at the
petitioner's residence. He argues that he never received a page
11 nor was he counseled. In Support of the petitioner’s appeal,
he submitted copies of Service Record Book (SRB) and Official
Military Personnel File (OMPF) pages.
3. In its proceedings, the Board concluded that the report is
administratively correct and procedurally complete as written and
filed. The following is offered as relevant:
a. The Board found that this report is an accurate recording
of the petitioner’s unsatisfactory behavior. The petitioner does
not deny his behavior, but merely that no page 11 entry exists.
However, he acknowledges the existence of the entry in his
The petitioner states that the fitness report was
“a page 11 that I have never received and was not
By mentioning its completion
appeal.
adverse for,
completed until October 2007”.
date, clearly he was aware of the entry.
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
i SORRY OPINION ON BOMB APPLICATION E CASE OF
b. The Board also notes that the petitioner failed to
acknowledge or rebut this report. Had he done so, his concerns
about the page 11 entry could have been addressed and adjudicated
by the reporting officials who were in the best position to do
so.
0070501 (TR), should remain lemigggamspeggigmimmaiediaseli
My official military record.
”
FRANCES S. POLETO
Chairperson, Performance
Evaluation Review Board
Manpower Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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