DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12302-08
3 April 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 completely removing the fitness reports for
25 July 2003 to 4 January 2004 (extended from 31. December 2003)
and 24 April to 16 July 2007. It is noted that the Commandant
of the Marine Corps (CMC) has directed modifying the contested
report ending 4 January 2004 by removing, from section I
(reporting senior’s “Directed and Additional Comments”), “MRO
[Marine reported on] continues to seek self-improvement and is
developing into a well rounded administrator”; removing, from
section K.4 (reviewing officer (RO)’s comments), “MRO continues
to develop as an administrator” and adding, to section K.4, “RO
is authorized to review reports due to his assignment as
Director of IPAC [Installation Personnel Administration
Center].” CMC has further directed modifying the contested
report ending 16 July 2007 by changing the mark in section K.2
(RO’'s “Evaluation”) from “Concur” to “Do Not Concur” and adding,
to section K.4, “RO authorized to review reports due to his
assignment as Director of CSC [Command and Staff College] .”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 April 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 17 December 2008, and the memorandum
for the record dated 31 March 2009, copies of which are
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.
Specifically regarding the report ending 4 January 2004, the
Board was unable to find that your mission, duties, tasks and
standards were never communicated to you before the report was
prepared. In view of the above, your application for relief
beyond or other than 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,
Enclosures
NAVY | BCNR | CY2009 | 06116-09
You also requested completely removing the fitness report for 15 November 2004 to 30 May 2005 and modifying the report for 1 June to l September 2005 by removing the entire section K (RO marks and comments) or, if that modification is denied, raising the mark in section K.3. It is noted that the Commandant of the Marine Corps (CMC) has directed removing all the contested comments from sections I and K.4 of the report for 14 June to 3 August 2004; modifying the report for 15 November 2004 to...
NAVY | BCNR | CY2009 | 03521-09
However, in only 60 days since the end of his last reporting period, I cannot say that he has moved up in his peer ranking.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB) dated 1 April 2009, a copy of which is attached. Removal of the fitness reports for the periods 19990101...
NAVY | BCNR | CY2014 | NR4761 14
It is noted that the Commandant of the Marine Corps (CMC) has Girected modifying the contested report for 28 April to 31 December 2011 by removing, from section K.4 (reviewing officer's (RO’s) comments), “MRO [Marine reported on] continues to develop and hone skills required to effectively support Special Operations Marines in combat operations.” and further directed removing the entire section K (RO’s marks and comments) from each of the other three reports at issue. A three-member panel...
NAVY | BCNR | CY2014 | NR7247 14
and by removing “Directed Comment, Sectfion] A, Item Tb: recommend that the MRO [Marine reported on] not be considered for promotion with his contemporaries.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 August 2014. 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...
NAVY | BCNR | CY2009 | 03192-09
You requested completely removing the fitness report for 1 June 2005 to 31 March 2006. In addition, the Board considered the reports of the Headquarters Marine Corps (HOMC) Performance Evaluation Review Board (PERB), dated 18 March and 2 April 2009, copies of which are attached. 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.
NAVY | BCNR | CY2008 | 10175-08
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. Regarding the recommendation, in paragraphs 4.b.ii and 5 of the JAM5 advisory opinion, to amend the commanding officer’s/RO’s letter of 4 May 2006 (among the ericlosures to the HQMC routing sheet dated 10 October 2006) by removing the words “for his civilian conviction,” the Board noted that...
NAVY | BCNR | CY2006 | 06373-06
Specifically concerning the contested section K of the fitness report for 2 September 2000 to 5 March 2001, the Board found the mark in section K.3, the second lowest of eight possible marks, did not require marking section K.2 (“Evaluation”) “Do Not Concur [with reporting senior].” The Board substantially concurred with the advisory opinion from MMOA-4 in concluding your selection by the FY 2007 Major Selection Board would have been definitely unlikely, even if the correction directed by...
NAVY | BCNR | CY2012 | 09754 12
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying all four contested fitness reports, as follows: 1 August to 31 December 2009: From section I (reporting senior’s “Directed and Additional Comments”), remove “I fully expect MRO [Marine reported on] to continue making improvements and if he does” and “with his peers.” 26 June to 6 December 2010: From section K.4 (reviewing officer’s comments), remove “As a Sergeant of Marines MRO is still developing his...
NAVY | BCNR | CY2008 | 10450-08
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. ...
NAVY | BCNR | CY2014 | NR5265 14
Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying section I (reporting senior’s “Directed and Additional Comments”) of the contested report for 30 September 2022 to 25 June 2013 by removing the word “capable” from the First sentence and in the fifth sentence, changing the comma after the word “complete” to a period and removing “MRO [Marine reported on] should attend MOS [military occupational specialty] school at first opportunity.” and modifying section...