DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
" WASHINGTON DC 20370-5100
BUG
Docket No: 7415-08
1 October 2009
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 completely removing the fitness report for
tL July 2002 to 11 August 2003. It is noted that the Commandant
o£ the Marine Corps (CMC) has directed modifying the contested
report by removing, from section K.4 (reviewing officer's
comments), “Considering the average of the Reporting Senior’s
established relative value, all marks are consistent with MRO
[Marine reported on] performance.”
A three-member panel of the Board for Correction of Naval .
Records, sitting in executive session, considered your
application on 1 October 2009. 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 three reports of the Headquarters Marine Corps
Performance Evaluation Review Board (PERB), dated 30 July and
20 October 2008 and 3 June 2009, copies of which are attached.
The Board also considered the letter from Colonel F---, United
States Marine Corps Reserve (Retired), dated 18 August 2008,
and his electronic mail, dated 9 December 2008.
TS ,
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
reports of the PERB. In this regard, the Board noted it is a _
subordinate’s obligation to get along with superiors. In view
of the above, 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 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,
“Quad
W. DEAN PFAIF
Executive ractor
Enclosures
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