Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 01215-09
Original file (01215-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JSR
Docket No: 1215-09
9 April 2009

 

This ig 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 9 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 5 February 2009, 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 your assignment to the Body

Composition Program (BCP) was invalid, noting you provided
documentation of your medical evaluation clearing you to start
the BCP. 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,

    
  

W. DEAN
Executive D

Enclosure

Similar Decisions

  • NAVY | BCNR | CY2009 | 12181-09

    Original file (12181-09.pdf) Auto-classification: Denied

    Specifically, cmc has directed removing, from section I (reporting senior's “Directed and Additional Comments”), “Directed Comment, Sect [ion] A, 8F: MRO [Marine reported on] was assigned to the Body Composition Program (BCP) during this reporting period.” and from section K.4 (reviewing officer’s comments), “due to her assignment to BCP.” By electronic mail dated 10 March 2010, a copy of which is attached, the staff of the Board for Correction of Naval Records (BCNR) advised Headquarters...

  • NAVY | BCNR | CY2006 | 08819-06

    Original file (08819-06.rtf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 29 September 2006, 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. Based on the aforementioned facts, the Board concluded the petitioner was over his weight limit and was assigned to the...

  • NAVY | BCNR | CY2008 | 10785-08

    Original file (10785-08.pdf) Auto-classification: Denied

    [physical fitness test] is removing, from section I “Directed and Additional Comments”), “- the semi-annual PFT of concern as”; Section A, Item 5.a Fitness report rendered adverse as a function of assigament to Body Composition Program [BCP] [Marine Corps Or (MCO P6100.12) .” Item 7.b. Documentany 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. ...

  • NAVY | BCNR | CY2006 | 01736-06

    Original file (01736-06.rtf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB), dated 12 June 2007, and the advisory opinion from the HQMC Manpower Information Operations, Manpower Management Information Systems Division (MIO), dated 30 January 2007, copies of which are attached. The responsibility to implement this policy rests with the commander ~ not meet the prescribed weight standards, the commander~- must take specific actions prior to...

  • NAVY | BCNR | CY2010 | 05730-10

    Original file (05730-10.pdf) Auto-classification: Denied

    1 January to 1 May 2006 and modifying the report for 28 April to 31 December 2006 by removing, from section I (reporting senior’s *Directed and Additional Comments”), reference to your removal from the Body Composition Program (BCP). A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2010. Documentary material considered by the Board consisted of your application, together with all material submitted...

  • NAVY | BCNR | CY2006 | 11161-06

    Original file (11161-06.rtf) Auto-classification: Denied

    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. After thorough review, the Board found that in regard to the fitness reports covering the periods 20040202 to 20041231 (AN) and 20050101 to 20050430 (CD), the reporting senior properly rendered both reports adverse. In regard to the fitness reports covering the periods 20050731 to 20051228...

  • NAVY | BCNR | CY2008 | 02922-08

    Original file (02922-08.pdf) Auto-classification: Denied

    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 this connection, the Board did not concur with the reasons for denial reflected in the report of the PERB, but did agree that relief should be denied. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...

  • NAVY | BCNR | CY2008 | 01759-08

    Original file (01759-08.rtf) Auto-classification: Denied

    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. Per paragraph 500L3d of reference (b), “the RS is required to render the report adverse when the MRO is or was assigned to the BCP ... at any time during the reporting period.” There is no requirement for a Directed by the Commandant (DC) report, or a “special report”. The reporting occasion...

  • NAVY | BCNR | CY2007 | 10533-07

    Original file (10533-07.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 2O37O-5100 JSRDocket No. 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 (HQMC) Performance Evaluation Review Board (PERB), dated 16 and 19 November 2007 and 15 January 2008,...

  • NAVY | BCNR | CY2013 | NR7160 13

    Original file (NR7160 13.pdf) Auto-classification: Denied

    It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by changing the beginning date from 1 April 2007 to 14 July 2007 (and filing an administrative filler for 1 April to 13 July 2007); removing, from section I (reporting senior's “Directed and Additional Comments”), “MRO [Marine reported on] is currently enrolled in the BCP [Body Composition Program] program." A three-member panel of the Board for Correction of Naval Records, sitting in...