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NAVY | BCNR | CY2009 | 02867-09
Original file (02867-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

BIG
Docket No: 2867-09
16 July 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 completely removing the fitness report for

6 March 2007 to 23 January 2008. It is noted that the
Commandant of the Marine Corps (CMC) has directed modifying the
report by removing the entire section K (reviewing officer’s
marks and comments).

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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 (HOQMC)
Performance Evaluation Review Board (PERB), dated 18 March
2009, a copy of which is attached. After the Board had
considered your application, the HQMC PERB directed modifying
the contested report as indicated above. A copy of the PERB’s
report, dated 18 June 2009, reflecting that action is enclosed.
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 dated 18 March 2009. Accordingly, 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.

Tt 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 1s 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,

\pNenk

W. DEAN PFE
Executive D r

Enclosures

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