DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 1547-10
18 March 2010
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 removing the fitness report for 1 October to 2
December 2008 and the service record page 11 (“Administrative
Remarks (1070)") entry dated 17 December 2008 with your rebuttal
dated 23 December 2008.
It is noted that the Commandant of the Marine Corps has directed
removing the contested fitness report.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 March 2010. 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 (HQMC) Performance
Evaluation Review Board (PERB) dated 2 December 2009, the
advisory opinion from HOMC dated 25 January 2010, and the e-mail
from the HQOMC Performance Evaluation Review Branch dated 2 March
2010, copies of which are 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 advisory opinion.
The Board was unable to find that the contésted page 11 entry
was factually inaccurate as to the encouragement you gave a
junior Marine. 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.
wt 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,
\ ta
mecutive
Enclosure
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