DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5160
JSR
Docket No: 2890-09
8 October 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 10 of the
United States Code, section 1552.
You originally requested, in effect, that the fitness report for
1 June 2007 to 31 May 2008 be modified, in accordance with the
reporting senior’s (RS’s}) letter dated 9 December 2008 and the
reviewing officer's (RO’s) letter dated 22 December 2008, by
raising the marks in sections E.2 (“Effectiveness under Stress”)
and E.3 (“Initiative”) from °D” (fourth best of seven possible
marks) to “E” (third best). By your letter of 27 March 2009,
you amended your application to request, in effect, that the
report be modified, in accordance with the RS’s letter dated 27
March 2009, by raising the marks in sections E.1 (“Courage”) and
G.2.(*“Decision Making Ability”) from “D"” to *E.” :
A three-member panel of the Board for Correction of Naval
' Records, sitting in executive session, considered your
application on 8 October 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 Performance Evaluation
Review Board (PERB), dated 18 March and 10 August 2009, copies
of which are attached, your letter of 27 March 2009 and the RS’s
letter of the same date.
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 10 August 2009. 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 and RO’s letters 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,
Bxecutive
Enclosure
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