DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No:
4 March 2008
10785-08
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 completely removing the fitness report for
19 December 2003
Commandant of the
report by removing,
justification,
preparation for)
an obvious issue
(reporting senioy’s
“MRO [Marine reported on]’s failure of
to 31 December 2004. It is noted that the
Marine Corps (CMC) has directed modifying the
from the section F.3 (“Setting the Example”)
(and .
[physical fitness test] is
removing, from section I
“Directed and Additional Comments”), “-
the semi-annual PFT
of concern as”;
Section A, Item 5.a Fitness report rendered adverse as a
function of assigament to Body Composition Program [BCP]
[Marine Corps Or
(MCO
P6100.12) .” Item 7.b.
er] and “-Section A, MRO
is not recommended for promotion while assigned to the Body
Composition Progyjam
(MCO P6100.12) for a minimum of six months
and for his geneyal lack of engagement and productivity while
assigned to recruiting service duty.” and removing,
third sighting officer’s comments,
from the
“and assignment to BCP.”
RABY
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. Documentany 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 3 November 2008, a copy of which is
attached.
After careful and |conscientious consideration of the entire
record, the Board j/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 japplication 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 actiion cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence jor other matter not previously considered by
the Board. In thils regard, it is important to keep in mind that
a presumption of uvegularity 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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