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NAVY | BCNR | CY2009 | 09228-09
Original file (09228-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FGR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BIG
Docket No: 9228-09
26 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; in effect, that the fitness report for
20 August to 31 December 2008 be modified, in accordance with
the revised report, with changes initialed by the reporting
senior (RS), enclosed with your facsimile (fax) transmission
dated 3 September 2009. The requested changes are as follows:
raise the mark in section D.2 (“Proficiency”) from “Cc”: (fifth
best of seven, possible marks) to “E” (third best); E.3
(“Initiative”) from “D” (fourth best) to “E”; and E.1
“Courage”), E.2 (“Effectiveness under Stress”), F.1 (“Leading
-Subordinates”), F.3 (“Setting the Example”), F.4 (“Ensuring
Well-being of Subordinates”), G.1 (“Professional Military
Education”), G.2 (“Decision Making Ability”) and G.3
(“Judgment”) from “C” to “D.” In the alternative, you.
requested that the fitness report at issue be removed.

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 26 August
2009, a copy of which is attached. The Board also considered
your fax transmission dated 3 September 2009 with enclosure.

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, except to note that you and the RS have now
clarified what changes are requested. The Board observed that
the reviewing officer (RO) concurred with the contested
original marks. Finally, the Board found it an immaterial
error that the RO referred to you as an “NCO” (noncommissioned
officer), rather than an “SNCO” (staff NCO) and “SGT”.
(sergeant) rather than “SSGT” (staff SGT). 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.

Although the Board voted not to modify the fitness report in
question, you may submit the revised report and the RS‘s letter
dated 31 March 2009 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
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 PFE
Executive D

 
   
 

tor

Enclosure

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