DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 7714-08
28 August 2008
pplication 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 contested fitness report for 30 May to 5
August 2007 by changing section A, item 3.a (“occasion”) from
“DC” (directed by CMC) to “TR” (transfer).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 August 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 6 August 2008, a copy of which is
attached, and your letter of 14 August 2008 with enclosure.
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.
Notwithstanding the statement of 9 June 2008 from Major H---,
inaccurate or misleading in indicating you had more than one
incident that warranted counseling and that you were counseled
more than once. Your fitness reports before and after the one
at issue did not persuade the Board that report was invalid, nor
did the reviewing officer’s favorable endorsement of 17 November
2007 on your request for Naval Postgraduate School. Since the
Board found no material defect in your performance record, it
had no basis to remove your failure of selection by the Fiscal
Year 2009 Captain Selection Board or authorize continued service
beyond your 15 September 2008 expiration of active service. 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,
Enclosure
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