DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DG 20370-5100
JSR
Docket No: 2684-09
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.
You requested removing the fitness report for 1 January to 31
December 2002. You also requested removing the weight control
entry for 6 February to 6 August 2003, reference to your
placement in the remedial physical conditioning program (RPCP),
and the service record page 11 (“Administrative Remarks (1070)”)
entries dated.10 December 2002, 7 January 2003, 6 February 2003
and 4 March 2003.
It is noted that the Commandant of the Marine Corps (CMC) 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 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 in
Support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps (HOMC) Performance - .
Evaluation Review Board (PERB), dated 7 May and 30 October 2009,
the e-mail dated 22 October 2009 from the HOMC Performance
Evaluation Review Branch, and the advisory opinion from HOMC
dated 4 June 2009, 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
and the report of the PERB dated 7 May 2009 in concluding the
contested weight control, RPCP and page 11 entries should stand.
The Board was unable to find any of these entries were in
reprisal for your request mast early in 2002. 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.
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,
Wo sac
W. DEAN PFE
Executive D or
Enclosure
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