DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 8821-08
4 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.
You requested, in effect, that the fitness reports for 7 August
2006 to 31 May 2007 and 1 June 2007 to 23 May 2008 be modified,
in accordance with the reporting senior’s (RS‘’s) letter dated 25
July 2008, by raising the marks in sections D.1 (“Performance”),
E.2 (‘Effectiveness under Stress”), F.4 (“Ensuring Well-being of
Subordinates”) and G.2 (“Decision Making Ability”) from “D”
(fourth best of seven possible marks) to “E” (third best).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 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
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 12 September 2008, a copy of which is
attached, and your letter of 10 November 2008 with enclosures.
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.
While the Board recognized the RS’s letter was submitted only
two months after he had assigned the original marks at issue on
20 May 2008, the Board was unable to find the proposed higher
marks were more accurate or fair. In view of the above, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Although the Board voted not to modify the fitness reports in
question, you may submit the RS’s letter to future selection
boards.
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,
\sQung
W. DEAN PFEQRP
Executive Dik¢ct
Enclosure
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