DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 193-09
5 November 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 5 November 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 an
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
report of the Headquarters Marine Corps (HOQMC) Performance
Evaluation Review Board (PERB), dated 8 September 2009, and the
advisory opinion from HQOMC dated 10 September 2009, copies of
which are attached. a
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
ansufficient 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 concerning the contested fitness report for 1
August 2005 to 3 January 2006, the Board was unable to find the
reporting officials were biased against you before you were
relieved, or that you were not counseled about what they
expected of you. The Board noted that both contested fitness
reports do address your medical condition and reflect that
condition may have contributed to the substandard performance
reported. The Board found your own reticence about reporting
your medical condition and your commendable desire to serve
contributed to your not having been referred for a command
directed mental health evaluation, on your first deployment,
until after you had been relieved for cause; and your having
been deployed twice, notwithstanding your medical condition and
your having been relieved on your first deployment. Finally,
the two supporting statements at Tab 22 to your counsel’s brief
did not persuade the Board you deserved more favorable
evaluations in either of the contested fitness reports.
Since the Board found no defect in your performance record, it-
_had no basis to recommend removing either of your failures of
. selection by the Fiscal Year 2008 and 2009 Lieutenant..Colonel .
Selection Boards or granting you consideration by a special
selection board.
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,
a
. a
A
“W. DEAN PFEI
Executive Di
Enclosure
Copy to:
i
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