DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9812-08
11 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.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report for 25 September
1999 to 31 January 2000.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 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 (HQMC) Performance
Evaluation Review Board (PERB), dated 21 August 2008, and the
advisory opinion from HQMC dated 6 October 2008, copies of which
are attached, and your letter dated 1 December 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 advisory opinion in
concluding your failure of selection by the Fiscal Year 2009
Major Selection Board should stand. The Board found the adverse
combat fitness report cited in the advisory opinion made your
selection definitely unlikely, even if your record not only had
been purged of the contested report whose removal has been
directed, but also included the later filed combat fitness
report for 2 May to 19 August 2007. In view of the above, 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
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,
\s
W. DEAN P
Executive tor
Enclosure
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