DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8242-09
-20 November 2009
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 20 March to
28 July 2007 be modified, in accordance with the reporting
senior’s (RS’s) letter dated 3 April 2009, by raising the marks
in sections D.1 (“Performance”), D.2 (“Proficiency”), E.3
(“Initiative”) and F.1 (“Leading Subordinates”) from “k” (third
best of seven possible marks) to “F” (second best) and entering
the justification provided in the RS’s letter; and section G.1
(“Professional Military Education”) from “D” (fourth best) to
“iE . cis
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 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 July 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 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 letter 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,
W. DEAN PF
Executive Di
Enclosure
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