DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 12327-08
20 February 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.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 1 July to 31
December 2006 by removing, from section I (reporting senior’s
“Directed and Additional Comments”),”MRO [Marine reported on] is
being reassigned as a canvassing recruiter in order to resolve
some personal issues” and removing, from section K.4 (reviewing
officer’s comments), “[Your] reassignment from SNCOIC [staff
noncommissioned officer in charge] duties to canvassing
recruiter duties should not be considered an adverse action - as
the RS [reporting senior] points out, [you have] a temporary
personal issue [you need] to resolve at which point I fully
expect [you] will jump right back into SNCOIC duties. Just a
quality leadership move on a solid Marine.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 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
Ng
Review Board (PERB), dated 17 December 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.
The Board was unable to find you were not counseled. In this
regard, the Board generally does not grant relief on the basis
of an alleged absence of counseling, since counseling takes many
forms, so the recipient may not recognize it as such when it is
provided. 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,
W. DEAN PFEIL
Executive Di Xr
Enclosure
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