DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 178-09
6 August 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.
A three-member panel of the Board for Correction of Naval :
Records, sitting in executive session, considered your
application on 6 August 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
reports of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 6 January and 3 June 2009, copies of
which are attached, and your letter of 15 January 2009 with
enclosures.
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
dated 3 June 2009. The Board was unable to find the contested
Fitness report reflected bias against you on account of the
request mast. The Board did not find the report to be
internally inconsistent, noting that the reviewing officer
‘concurred with the reporting senior (RS)'s assessment. The
Board was unable to find the RS did not take due account of your
accomplishments, nor could it find any of your achievements not
noted expressly were of such significance that they should have
been mentioned. Finally, the Board was unable to find the
occasion of the contested report should have been other than
“CH” (change of reporting senior). 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.
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,
\p |
W. DEAN aN
Bxecutive Director
Enclosure
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