DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7385-08
12 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.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the fitness report for 1 February to 22 March
2000, as you requested, by removing from section I (reporting
senior’s “Directed and Additional Comments”) “but sometimes does
not calculate all factors before acting” and “- Moderate
supervision is still required for SNO [subject named officer] .”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 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
undated report of the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board (PERB), and the advisory
opinion from the MQMC Officer Counseling and Evaluation Section,
Personnel Management Division (MMOA-4), dated 23 July 2008,
copies of which are attached. The Board also considered your
rebuttal letter dated 14 Octdber 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 donnection, the Board substantially
concurred with the comments contained in the advisory opinion
from MMOA-4. Accordingly, your application for relief beyond
that effected by CMC 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 he 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,
Enclosures
1610
MMER/ PERB
MEMORANDUM
From: Head, Performance Evaluation Review Branch
TO: Head, Personnel Management Support Branch
Subj: eCTION TO NAVAL RECORD IN THE CASE ORs
CORR!
Ref: (a) Mco 1610.11¢C
1. Per the reference, the Performance Evaluation Review Board
has reviewed allegations of error and injustice in subject's
naval record. Having reviewed all the facts of record, the
Board requests implementation of the action described below.
2. For Head, MMSB-10: Request you delete the following
verbiage from section “I” on the fitness report covering the
period 20000201 to 20000522 (GC) - “but sometimes does not
calculate all factors before acting.” and “Moderate supervision
is still required for SNO.” '
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my kU
, NU
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
1600
MMOA- 4
23 Jul 08
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS
Subj: BCNR PETITION FOR
Ref: (a) MMER Request for Advisory Opinion in the case of
ik . : es eee
removal of his failure of selection ‘rom che FY09 USMC Major
Selection Board.
2. Per the reference, we review@_——= = Mee vcecord and
petition. He failed selection on the FY09 USMC Major
Selection Board. Subsequently, he petitioned the Performance
Evaluation Review Board (PERB) to modify the fitness report
covering the period 20000201 to 20000502 (GC). He also
requested removal of his failure of selection.
3. The PERB determined that the report covering the period
20000201 to 20000502 (GC) was incorrect and directed that the
following verbiage be deleted from section “I” - “but
sometimes does not calculate all factors before acting” and
“Moderate supervision is still required for SNO.” The PERB
concluded that the correction makes the report
administratively correct and procedurally complete and that
the report, as modified, should remain a part 0 f-:egqimangaipal
ana. sofficial record.
4. The PERB’s modification of the report covering the period
20000201 to 20000502 (GC) marginally improves the
competitiveness of the record. However, unis
record contains other competitive jeopardy that most likely
caused his failure of selection:
(a) REPORTING SENIOR RELATIVE VALUES. The relative
Ss. sfitness reports as aqggiieeieey and
: Mii ange mostly from lower-third to middle-third. Nine °
of the fourteen observed reports available prior to the FY09
board fell within the bottom third of reports for the
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