DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 8226-08
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.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying your performance record, as you requested, by
removing, from the fitness report for 11 March to 1 July 1997,
the reviewing officer (RO) comments “Young officer who joined us
under tough circumstances. Had the moral courage and strength
of character to pick himself up and get back to being a
productive Marine.” and completely removing, for the fitness
report for 2 July to 15 December 1997, the RO’s certification.
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 (HQMC) Performance
Evaluation Review Board (PERB), dated 5 August 2008, and the
advisory opinion from the HQMC Officer Counseling Section
(MMOA-4) dated 18 August 2008, copies of which are 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 MMOA-4 advisory
opinion in finding your selection by the Fiscal Year 2009
Lieutenant Colonel Selection Board would have been definitely
unlikely, even if your performance record had been corrected in
accordance with the CMC action. 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 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
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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Enclosure (2) is furnished to assist in request for By enclosure (3), this Headquarters provide 3. with a copy of the Advisory Opinion contained a Head, Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE HEADQUARTERS UNITED STATES NAVY MARlNE CORPS ~~~ORUSSELLROAD QUANTICO, VIRGINIA 22 134-5 103 LN REPLY REFER TO: 1610 MMER/PERB I 1 JUN 1006 From: To: :USMC Subj: CORRECTION OF NAVAL...
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