DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 1226-09
9 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, in effect, that the fitness report for 1 January
to 31 March 2008 be modified, in accordance with the reporting
Senior's (RS’s) letter dated 13 June 2008 and e-mail dated 1
December 2008, by changing the rifle entry in section A, item
8.a from “N” (not required) to “X” (required did not fire) and
adding the following comment in section I (RS’s “Directed and
Additional Comments”) to support the entry of “X”: “MRO [Marine
reported on] was not afforded the opportunity to attend the
rifle range during the past twelve months due to operational
commitments.”
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. Pocumentary 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 Bvaluation
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.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Although the Board voted not to modify the fitness report in
question, you may submit the RS’s letter and e-mail to future
selection boards.
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 P RN,
Executive tor
Enclosure
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