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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5318-09
15 January 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 that the fitness report for 1 May to 15 June 2008
be modified to make it “not observed”; and that the report for
16 June to 15 August 2008 be modified to make it observed,
specifically requesting that section A, item 6.a (*Commendatory
Material”) be marked.
Tt is noted that the Commandant of the Marine Corps (CMC) has
directed the requested modification of the report for 1 May to
15 June 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 January 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
Performance Evaluation Review Board (PERB), dated 18 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. 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 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,
\SunBed
W. DEAN PRET
Executive tor
Enclosure
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