. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘2. NAVY ANNEX
WASHINGTON DC 20370-5100
BUJG
Docket No: 8255-09
23 October 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,
Yoy requested that the fitness report for 1 June to 1 September
2004 be modified, by removing the adverse material, or
completely removed.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 October 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 in finding the contested fitness should
‘neither be modified nor removed. The Board was unable to find.
your actions would have been viewed differently, had the report
not been submitted late. In view of the above, your
application 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 F
Executive Diine r
Enclosure
NAVY | BCNR | CY2010 | 09823-10
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested reports for 11 March to 15 July 2009 and 1 August to 30 September 2009; and modifying the report for 1 October 2008 to 10 March 2009 by removing the mark in section A, item 6.c (“Disciplinary Action”) and removing, from the third sighting officer’s comments, “SNM [Subject named Marine] has been the subject of numerous Human Factor Boards and Stan [standardization] Boards; all recommendations from...
NAVY | BCNR | CY2009 | 08239-09
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. Consequently, when...
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You requested completely removing the fitness report for 31 March to 5 October 2007. and “completed most tasks when supervised and.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. 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.
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It is noted that the Commandant of the Marine Corps (CMC} has directed modifying the contested fitness report by removing, from section I (reporting senior’s (RS’s) “Directed and Additional Comments”), “[You are] capable of producing bigger and better performance and work.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2009. Documentary material considered by the Board consisted of your application,...
NAVY | BCNR | CY2009 | 12296-09
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 this connection, the Board substantially concurred with the comments contained in the report of the PERB, except the Board was persuaded that the reporting senior’s portion of the original version of a superseded version of the contested fitness report for 3 October 2007 to 30 September...
NAVY | BCNR | CY2009 | 07587-09
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...
NAVY | BCNR | CY2010 | 11428-10
You requested modifying the fitness report for 1 October 2009 to 28 January 2010 by removing, from section K.4 (reviewing officer's comments), the comment “SNM [subject named Marine] does not possess the mental dexterity required to lead Marines in extremely challenging environments.” In the alternative, you requested completely removing the contested report. CMC further directed removing, from page 2 of your statement dated 20 February 2010, the following: “I do possess the mental...
NAVY | BCNR | CY2012 | 06644 12
SNM [Subject Named Marine] received a Letter of Appreciation and Certificate of Appreciation during the reporting period.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2012. The Board also considered the reports of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 6 April and 19 June 2012, copies of which are attached. Consequently, when applying for a correction of...
NAVY | BCNR | CY2009 | 06116-09
You also requested completely removing the fitness report for 15 November 2004 to 30 May 2005 and modifying the report for 1 June to l September 2005 by removing the entire section K (RO marks and comments) or, if that modification is denied, raising the mark in section K.3. It is noted that the Commandant of the Marine Corps (CMC) has directed removing all the contested comments from sections I and K.4 of the report for 14 June to 3 August 2004; modifying the report for 15 November 2004 to...
NAVY | BCNR | CY2009 | 01379-09
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