DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
. Docket No: 5157-09
» 24 December 2009
This ig 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 29
April to 9 October 2002.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing, from the
section D.2 (“Proficiency”) justification for the adverse mark
of “A,” the following: “Administratively counseled via a non-
punitive letter of caution after the lack of supervision and
failure to implement security measures contributed to the
misappropriation of a motor vehicle from the Storage/iImpound
Lot."
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 December 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
Performance Evaluation Review Board (PERB), dated 7 May 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. The supporting statement dated 2 April
2008 from Colonel Cc. R. H---, United States Marine Corps
(Retired), did not persuade the Board of a personality conflict
between you and the reporting senior. Further, the Board noted
it is your obligation as a subordinate to get along with your
superior. 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,
W. DEAN PFE
Executive Dil
Enclosure
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