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NAVY | BCNR | CY2008 | 10350-08
Original file (10350-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BIG
Docket No: 10350-08
4 March 2008

 

 

1 April 2005 to 6) January 2006. It is noted that the Commandant
(CMC) has directed modifying the report by
removing, from section I (reporting senior (RS)’s “Directed and
Additional Comments”), “Recently he was given a Page 11 on his
incompetence due to his lack of knowledge in his MOS [military
occupational specialty] and weak leadership skills.” and
removing, from your rebuttal dated 17 January 2006, “On January
9, 2006 I received a page 11 for the mistakes that I’ve [sic] in
the past regarding my MOS.”

 

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26| 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 23 October 2008, a copy of which is
attached. The Boa

17 November 2008 w

After careful and
record, the Board

insufficient to es
error or injustice.
concurred with the

rd also considered your rebuttal letter dated
ith enclosure.

conscientious consideration of the entire
found that the evidence submitted was
tablish the existence of probable material

In this connection, the Board substantially
comments contained in the report of the PERB.

The Board was unable to find your billet description was not

established until
Board was likewis

adverse marks of “A” the reporting senior

three months into the reporting period. The
unable to find the justification for the

(RS) assigned in

 

section D (“Missian Accomplishment”) of the contested fitness

report addressed

atters outside your billet description. The

Board found no indonsistency between section C (“Billet
Accomplishments”) jof the report and the derogatory comments in

section I. The Board could not find the reviewing officer (RO)
lacked sufficient lobservation to evaluate you, noting
observation need not be direct. The Board found no
inconsistency between the adverse mark of “Unsatisfactory” the
RO assigned in section K.3 (RO’s “Comparative Assessment”) and

the section K.4 (
potential to redr
Finally, the suppa
Sergeant H--- did
more favorable fit
observation.

In view of the abd
effected by CMC h
members of the pa

1

O's comments) comment that you have “the

ss [your] poor performance and to succeed.”
rting statement you provided from First

not persuade the Board that you deserved a
ness report or that the RO lacked sufficient

ve, your application for relief beyond that
s been denied. The names and votes of the
el will be furnished upon request.

It is regretted that the circumstances of your case are such

that favorable act

ion cannot be taken. You are entitled to have

the Board reconsider its decision upon submission of new and

material evidence
the Board. In thi
a presumption of 4

or other matter not previously considered by
s regard, it is important to keep in mind that
egularity 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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