DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
BUG
Docket No: 6674-08
19 December 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 18 December 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
advisory opinion from Headquarters Marine Corps, dated
28 October 2008, and the memorandum for the record dated
15 December 2008, copies of which are attached. The Board also
considered your rebuttal letter dated 7 November 2008 with
enclosures.
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 advisory opinion,
noting that the contested counseling entry was dated after the
period of the fitness report that was removed, and that the
entry did not state you needed a first class physical fitness
test score for the Marine Corps Combat Instructor Course. 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,
Saag
Executive Di
Enclosures
NAVY | BCNR | CY2009 | 01547-10
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 (HQMC) Performance Evaluation Review Board (PERB) dated 2 December 2009, the advisory opinion from HOMC dated 25 January 2010, and the e-mail from the HQOMC Performance Evaluation Review Branch dated 2 March 2010,...
NAVY | BCNR | CY2008 | 07980-08
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested fitness report. Having reviewed all the facts of record, the Board has directed that your naval record will be corrected by removing the following fitness report: Date of Report Reporting Senior Period of Report 16 January 2006 20050101 to 20051231 (AN) 2. By direction DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22134-5103 1070 MIO SEP 8...
NAVY | BCNR | CY2008 | 01143-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2008. The Board found the absence, from your fitness report for 4 December 2004 to 4 April 2005 (not on file in your record), of any reference to the counseling entry in question or the matter it addresses does not establish you had no behavior warranting formal counseling. The Board found the contested counseling entry was not a Marine Corps Separation...
NAVY | BCNR | CY2008 | 03840-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 01226-09
You requested, in effect, that the fitness report for 1 January to 31 March 2008 be modified, in accordance with the reporting Senior's (RS’s) letter dated 13 June 2008 and e-mail dated 1 December 2008, by changing the rifle entry in section A, item 8.a from “N” (not required) to “X” (required did not fire) and adding the following comment in section I (RS’s “Directed and Additional Comments”) to support the entry of “X”: “MRO [Marine reported on] was not afforded the opportunity to attend...
NAVY | BCNR | CY2010 | 11693-10
You also requested that the service record page 11 counseling entry dated 21 November 2008 be modified by deleting the following: Your demonstrated lack of maturity, judgment and decision making abilities, specifically your inappropriate sexual relationship with a CPL [corporal] [pay grade E=-4}(fthen a PFC [private first class) [pay grade E-2] when it started). A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3...
NAVY | BCNR | CY2008 | 05661-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 July 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2012 | 03565-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 September 2012. In addition, the Board considered the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) dated 27 March 2012 and the advisory opinions from HQMC dated 24 May 2012 with enclosure and 6 July 2012 with references (b), (d), (e) and (£), copies of which are attached. Consequently, when applying for a correction...
NAVY | BCNR | CY2014 | NR5184 14
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 July to 12 December 2008 by changing the date in section A, item 3.b (beginning date) from *20080701" to “20081002” {and filing in your record an administrative filler for 1 July to 1 October 2008} and modifying the report for 13 December 2008 to 19 May 2009 by removing, from section I (reporting senior’s “Directed ana Additional Comments”), all but the first sentence and in section K...
NAVY | BCNR | CY2010 | 13391-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2011. In addition, the Board considered the advisory opinions from Headquarters Marine Corps dated 24 January and 11 February 2011, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on,the applicant to demonstrate the Skistence of probable material error or injustice.