DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 7587-09
6 August 2009
Thig 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 reports for 4
February to 15 May 2006, 3 April to 2 July 2007,and 3 July to 13
October 2007. You further requested, if the report for 4)
February to 15 May 2006 is not completely removed, that it be
modified by removing, from section K.4 (reviewing officer's
comments), “from an external perspective.” |
Tt is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report for 3 July to 13
October 2007 by removing, from section K.4, “Keep him serving as
a Colonel of Marines.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 August 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 30 June 2009, a copy of which is
attached, and your letter dated 30 July 2009 with enclosures.
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.
Specifically concerning the contested report for 4 February to
15 May 2006, the Board did not consider the words “from an
external perspective” likely to be misconstrued. Finally, the
Board found your having received the Bronze Star for September
2006 to March 2007 and the Legion of Merit for October 2005 to
October 2007 did not invalidate the reports at issue. 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,
Enclosure
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