DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 8813-08
6 November 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 Headquarters Marine Corps (HQMC) has directed
removing the uncontested “not observed” fitness report for 31
March to 23 July 2007.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 November 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 HQMC Performance Evaluation Review Board (PERB),
dated 11 September 2008, a copy of which is 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 report of the PERB.
The Board did not agree with your contention, regarding the
contested fitness report for 1 April to 4 November 2006, that
because you had no subordinates, you should not have been marked
in section F, items 1-4 (“Leading Subordinates,” “Developing
Subordinates,” “Setting the Example” and “Ensuring Well-being of
Subordinates,” respectively). In this regard, the Board noted
paragraph 4009.1.d of Marine Corps Order P1610.7F, which states
the following:
Reporting officials must view the term subordinates
in a generic sense. Certain billets will not have
individuals directly under the MRO [Marine reported
onj]’s charge; however, this does not mean the MRO
does not exhibit these traits in executing day to
day responsibilities. All sergeants and above are
leaders and have leadership responsibilities
regardless of their billets.
In view of the above, your application for relief beyond or
other than that effected by HQMC 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,
Deo Pol)
W. DEAN PF
Executive or
Enclosure
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