DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 9991-08
25 February 2009
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 February 2009. 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 15 October 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 OF injustice. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB.
The Board found nothing objectionable in the reporting senior
(RS)'’s use of the word “flippant” in section I (RS’s “Directed
and Additional Comments”) of the contested fitness report. The
Board noted that the reviewing officer (RO) acknowledged, in
section K.4 (RO’s comments), that you “did not receive a written
counseling from the Battalion Commander on 20070304,” as the RS
had stated you did, and that this counseling “in fact, was only
a verbal counseling.” However, the Board further noted that the
RO went on to say “The verbal counseling was warranted though
due to yet another lapse of judgment and overall failure to
perform on a consistent level.” The Board found the RS made no
express reference to your nonpunitive letter of caution, noting
that reference to the underlying facts that gave rise to its
issuance was not prohibited. Finally, the Board was unable to
find the RS was incorrect in stating, in section I, that you
were counseled about wearing the appropriate uniform of the day.
In this regard, the Board generally does not grant relief on the
basis of an alleged absence of counseling, as counseling takes
many forms, so the recipient may not recognize it as such when
it is provided.
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.
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,
SReasse dP
W. DEAN PFEIKF
Executive Dikrdactor
Enclosure
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