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NAVY | BCNR | CY2009 | 08559-09
Original file (08559-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 8559-09
26 October 20069

 

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, in effect, that the fitness report for

28 November 2007 to 31 May 2008 be modified, in accordance with
the reporting senior’s (RS’s) letter dated 8 May 2009, by
raising the marks in sections D.1 (“Performance”), D.2

(“Proficiency”), E.1 ("Courage”), F.1 (“Leading Subordinates”),.

F.3 ("Setting the Example”), G.2 (“Decision Making Ability”)
and G.3 (“Judgment”) from “C” (fifth best of seven possible
marks) to “D” (fourth best); E.2 (“Effectiveness Under
Stress”), F.2 (“Developing Subordinates”), F.4 (“Ensuring Well-
being of Subordinates”) and H.1 (“Evaluations”) from “C” to “E*"
(third best); E.3 (“Initiative”) from. “B"” (sixth best) to “E";
F.S (“Communication Skills") from “B” to “D” and G.1
(“Professional Military Education”) from “D” to “E.”

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 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 10 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. Accordingly, your application has been
denied. The names and votes of the members of the panel: will
- be furnished upon request.

s 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
nd material evidence or other matter not previously considered
3, 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
efficial naval record, the burden is on the applicant to
demonstrate the existence of probable material error or

injustice,
Sincerely,
den DEAN
Executive
Enclosure

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