DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 8263-09
8 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 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
xeport of the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB), dated 9 July 2009, and the
advisory opinion from HQMC dated 20 July 2009, copies of which |
are 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.
~The Board was unable to find your platoon had insufficient
evolutions during the reporting period to enable the reporting
senior to make a substantive assessment of your performance.
The Board did not condone the late submission of the contested
fitness report, but was unable to find this invalidated it.
Finally, the Board could not find the third sighting officer had
‘insufficient knowledge of your performance to conduct a proper
review of the report at issue.
Since the Board found no material defect in your fitness report
record, it had no grounds to recommend removing your failure of
selection by the Fiscal Year 2009 Captain Selection Board.
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 cther 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,
We Lara :
Executive Dave
Enclosure
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