DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9204-08
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 report for 10 January
to 15 May 2007 be modified, in accordance with the reporting
Senior’s letter dated 25 June 2008, by raising the marks in
sections D.1 (“Performance”), D.2 (“Proficiency”), E.3
(“Initiative”), F.2 (*Developing Subordinates”), G.2 (“Decision
Making”) and G.3 (“Judgment”) from “D” (fourth best of seven
possible marks) to “E” (third best) and section E.1 (“Courage”)
from *C” (fifth best) to “E.”" You further requested that the
fitness report for 16 May to 12 September 2007 be modified by
inserting, in section K.4 (reviewing officer's (RO’s) comments),
the comments proposed in the RO’s memorandum dated 18 June 2008.
Tt is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report for 10 January
to 15 May 2007 as you requested.
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 22 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.
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.
Although the Board voted not to modify the fitness report for 16
May to 12 September 2007, you may submit the RO’s memorandum 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,
Enclosure
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