DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 8239-09
13 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 requested completely removing the fitness reports for 10
January to 28 February 2006 and 1 March to 24 April 2006.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the report for 10 January to 28 February 2006
by removing, from section K.4 (reviewing officer's comments), ‘-
Physical fitness improved during the reporting period.” and
further directed completely removing the report for 1 March to
24 April 2006.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 October 2009. Your allegations of error and
injustice were reviewed in accordance with administrativé
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 3 August 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.
Specifically regarding the contested report for 10 January to 28
February 2006, the Board did not condone the late submission of
this report, but was unable to find this invalidated it. 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,
Executive a
Enclosure
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