DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 10809-08
8 January 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.
You requested, in effect, that the fitness report for 1 July
2007 to 31 May 2008 be modified, in accordance with the
reporting senior’s (RS’s) letter dated 28 August 2008, by
changing the marks in sections F.1 (“leading subordinates”), F.2
(“developing subordinates”) and F.4 (“ensuring well-being of
subordinates”) from “H” (not observed) to “D” (fourth best of
seven possible marks); raising sections F.3 (“setting the
example”) and F.5 (“communication skills”) from "D” to “BE”
(third best) and raising section G.1 “(professional military
education”) from “B” (sixth best) to “D.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 January 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 3 November 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 or injustice. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB.
While the Board noted the RS’s letter was submitted less than
four months after he had signed the original fitness report at
issue, the Board was unable to find the revised marks more fair
and accurate than the originals. 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.
Although the Board voted not to modify the fitness report in
question, you may submit the RS’s letter to future selection
boards.
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,
W. DEAN P
Executive Dil r
Enclosure
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