DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9103-08
20 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 modified,
as you requested, section A, item 4 (duty assignment) of the
fitness report at issue, for 4 January to 30 June 2007, to show
“MALS 26 SAD SNCOIC [staff noncommissioned officer in charge]”
vice “MALS 26 NCOIC SAD” and item 10f (reporting senior (RS)'‘s
duty assignment) to show “MALS 26 SAD OIC" vice “MALS 26 NCOIC
SAD.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 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 HOMC Performance Evaluation Review Board (PERB),
dated 17 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.
Further, the Board observed that while you asserted the marks
the RS assigned you were inaccurate, neither you nor he
specified what marks would have been accurate; and his
endorsement of 15 March 2008 on your letter of the same date did
not address the marks. Finally, the Board was unable to find
the ending date of the reporting period concerned should have
been 1 June 2007, rather than 30 June 2007. In view of the
above, your application for relief beyond that effected by HQMC
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 further the fitness
report in question, you may submit your letter of 15 March 2008,
with the reporting senior’s endorsement, 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,
W. DEAN P
Executive
Enclosure
NAVY | BCNR | CY2005 | 10223-05
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100BJGDocket No:10223-0516 April 2007This 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 report for 1 October 2000 to 31 May 2001 be modified, in accordance with the reporting senior’s (RS’s) letter dated 3 January 2005, by raising the marks in sections...
NAVY | BCNR | CY2010 | 09536-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No. 1552 Encl: (1) DD Form 149 dtd 22 Apr 10 w/attachments (2) HQMC MMER/PERB memo dtd 27 Aug 10 (3) Subject's naval record ‘Li Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by modifying the fitness report for...
NAVY | BCNR | CY2007 | 10516-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 January 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 08495-07
He may submit to HQMC (NMPR-2) a request for remedial consideration for promotion on the basis of the PERB action and the further action recommended by this Board, if it is approved.2. In enclosure (3) , Petitioner maintains that the RO’s letter fully justifies removing the report for 2 March to 30 June 2003.CONCLUSION:Upon review and consideration of all the evidence of record, and notwithstanding enclosure (2), the Board finds an injustice warranting complete removal of the report for 2...
NAVY | BCNR | CY2009 | 08554-09
The Board further concurred with the advisory opinion in = concluding your selection by the FY 2010 Lieutenant Colonel Selection Board would have been definitely unlikely, even if your record had not included the fitness report CMC has directed removing. request, a Although the Board voted not to modify the fitness report for i July 2005 to 21 June 2006, you may submit the RS’s letter and the RO’s endorsement to future selection boards. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2007 | 02719-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100BJGDocket No:2719-0725 June 2007This is in reference to your letter dated 14 March 2007 with enclosures requesting correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.You requested that the fitness report for 17 August to 31 December 2004 be modified by changing section I (reporting senior (RS) comments) to reflect “Promote at soonest...
NAVY | BCNR | CY2008 | 02240-08
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 3 March 2008, a copy of which isattached.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. Consequently, when...
NAVY | BCNR | CY2007 | 05658-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370~s 100BJGDocket No:05658-0720 July 2007This 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 report for 4 June 2005 to 30 June 2006 be modified, in accordance with the reporting senior (RS) ‘s letter dated 17 Nay 2007, by raising the marks in sections D.l...
NAVY | BCNR | CY2009 | 00166-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 166-09 25 November 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Wa aie REVIEW OF NAVAL RECORD Ref: (a) Tile 10 U.S.C. This can be validated by referencing [Petitioner’s] previous TD [to temporary duty] report [report for 23 October 2007 to 8 January 2008], in which his marking was a D. With the completion of all his PME...
NAVY | BCNR | CY2014 | NR5198 14
You requested removing the fitness reports for 1 January to 25 June 2007, 11 July to 31 December 2009 and 19 May to 31 December 2010. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 January to 25 June 2007 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] is assigned to the Body Composition Program.” and “SECT[ion] A, Item 5a: MRO is currently assigned to the Body...