DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 10450-08
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.
You requested removing the fitness reports for 19 November 2002
to 1 August 2003 and 2 August to 31 December 2003.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 2 August to 31
December 2003 by removing, from section I (reporting senior’s
“Directed and Additional Comments”), “MRO [Marine reported on]
is beginning to improve as a career planner through assistance
by senior SNCOs [staff noncommissioned officers] in the
battalion. MRO should attend SNCO career course to further
develop professionally.”; and removing, from section K.4
(reviewing officer’s comments), “[You have] shown a genuine
desire to perform [your] duties in an adequate manner.”
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 Performance Evaluation
Review Board (PERB), dated 27 October 2008, a copy of which is
attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted wags
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.
Specifically regarding the contested report for 2 August to 31
December 2003, the Board was unable to find the narratives in
sections I and K.4, as modified, reflected an attempt to
minimize your accomplishments. 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,
Enclosure
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