DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 8268-09
1 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. ,
You requested completely removing the fitness reports for 10
July to 2 December 1999, 9 December 1999 to 31 May 2000 and 1
June to 8 December 2000.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the report for 10 July to 2 December 1999 by
removing, from section K.4 (reviewing officer's comments) ,
“given limited tasks and direct guidance.” and “but requires.
maturity in his analytical and logic skills.” and further
directed completely removing the reports for 9 December 1999 to
31 May 2000 and 1 June to 8 December 2000. ; .
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 administrative | oo
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 vecord 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 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,
L 7
W. DEAN PFEPRF
Executive D r
Enclosure
NAVY | BCNR | CY2009 | 12667-09
.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2010. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 2 December 2009, a copy of which is attached. 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.
NAVY | BCNR | CY2009 | 03521-09
However, in only 60 days since the end of his last reporting period, I cannot say that he has moved up in his peer ranking.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB) dated 1 April 2009, a copy of which is attached. Removal of the fitness reports for the periods 19990101...
NAVY | BCNR | CY2010 | 06672-10
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 18 December 2000 to 31 December 2001 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “In the past, MRO [Marine reported on] has had a problem maintaining bearing in stressful situations. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable...
NAVY | BCNR | CY2009 | 08245-09
(reporting senior’s_ “Directed and Additional Comments”), “[fYou have] matured professionally over the last year and with continued experience will continue to improve.” You further requested modifying the report for 1 August to 30 November 2001 by removing, from section K.4 (reviewing officer's comments), “-Demonstrated definite desire to improve professionally” and “-Will continue to improve professionally with added logistical experience.” It is noted that the Commandant of the Marine...
NAVY | BCNR | CY2009 | 07847-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2009. 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. ‘aw After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish...
NAVY | BCNR | CY2009 | 05120-09
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by removing, from section K.4 (reviewing officer's comments), “When he applies ‘himself he performs above average as compared to his peers.” A three-member panel of the Board for Correction of Naval Records, gitting in executive session, considered your application on 9 July 2009. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted...
NAVY | BCNR | CY2008 | 09812-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2008. The Board found the adverse combat fitness report cited in the advisory opinion made your selection definitely unlikely, even if your record not only had been purged of the contested report whose removal has been directed, but also included the later filed combat fitness report for 2 May to 19 August 2007. Consequently, when applying for a...
NAVY | BCNR | CY2002 | 00955-00
The Board's opinion, 4. vote, is that Report A should remain a part of Captain official military record. Performance Evaluation Review Board (PERB) for removal of the Directed by the Commandant of the Marine Corps fitness report of 980117 to 980904. failures of selection. Performance Evaluation Review Board (PERB) for removal of the Captain record and SMC Major he successfully petitioned the Duty fitness report of 940201 to 940731. requests removal of his failures of selection.
NAVY | BCNR | CY2001 | 02098-00
Your request to enter a “CD” (change of duty) fitness report for 9 March to 10 April 1991, reflecting service in combat with the primary duty of adjutant, could not be considered, as you did not provide such a report. the Reporting Senior's actions in 3c is in no way an invalidating factor in Reference (b) did not contain a very filling out Item 3c and Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF...
NAVY | BCNR | CY2008 | 01749-08
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the report ending 31 December 2001 and modifying the report ending 6 July 2004 by removing, from section I (reporting senior’s “Directed and Additional Comments”), all the material to which you objected: “With guidance”; “Adequately” and “Overall, I rate him 6 of 6 Captains [sic] in the Battalion. [sic].” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered...