DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
JSR
Docket No: 8572-09
20 August 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 20 August 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.
The Board noted that the uncontested preceding fitness report
for 2 June 2005 (corrected to 8 August 2005) to 31 May 2006, in
which the same reviewing officer (RO) marked you one block
higher in section K.3 (RO’s “Comparative Assessment”) than he
did in the section K at issue, documented your award of the Navy
and Marine Corps Commendation Medal {given by the RO) and the
Army Achievement Medal, given on 19 January 2006 and 30
September 2005, respectively. Since the Board found no defect
in your performance record, it had no grounds to recommend
removing your failure of selection by the Fiscal Year 2010
Lieutenant Colonel 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 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,
Don Reel!
W. DEAN P
Executive D r
Enclosure
NAVY | BCNR | CY2009 | 09583-09
You requested modifying the fitness report for 8 August 2005 to 31 May 2006 by removing the entire section K (reviewing officer’s (RO’s) marks and comments). 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence 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 | CY2008 | 10175-08
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. Regarding the recommendation, in paragraphs 4.b.ii and 5 of the JAM5 advisory opinion, to amend the commanding officer’s/RO’s letter of 4 May 2006 (among the ericlosures to the HQMC routing sheet dated 10 October 2006) by removing the words “for his civilian conviction,” the Board noted that...
NAVY | BCNR | CY2009 | 03192-09
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NAVY | BCNR | CY2006 | 10190-06
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NAVY | BCNR | CY2006 | 03848-06
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NAVY | BCNR | CY2006 | 04858-06
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