DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 9462-09
5 November 2009
This is in reference to your application dated 26 May 2009, as
amended by your e-mail of 24 September 2009, for correction of
your naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested modifying the fitness report for 17 March to 25
May 2001 by removing, from section I (reporting senior’s
“Directed and Additional Comments”), “With guidance, a loyal -
officer who produces.” and the words “with supervision” at the
end of the sentence “Continues to contribute positively to
mission accomplishment with supervision.” You further requested
modifying the report for 26 May to 8 December 2001 by removing,
from section I, “Continues to improve his leadership skills.”
and “When supervised he gets the job done.” and removing, from
section K.4 (reviewing officer’s comments), “continues to grow
and mature as an infantry officer.” You further requested ms
modifying the report for 8 December 2001 to 12 February 2002 by
removing, from section I, the words “for further development” in
the sentence “Recommend assignment to recruit training for
further development before returning to operational forces:”".
You finally requested modifying the report for 8 May 2004 to 31
May 2005 by removing, from section I, “Once he gains more
experience and training he will be able to successfully command
a rifle company.”
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the report for 17 March to 25 May 2001 by
removing “With guidance, a loyal officer who produces.” and the
entire sentence “Continues to contribute positively to mission
accomplishment with supervision.”; the report for 26 May to 8
December 2001 by removing only “When supervised he gets the job
done.”; the report for 8 December 2001 to 12 February 2002 by
removing the entire sentence “Recommend assignment to recruit
training for further development before returning to operational
forces.” and the report for 8 May 2004 to 31 May 2005 as you
requested. By your e-mail dated 24 September 2009, you accepted
the CMC actions regarding the reports for 17 March to 25 May
2001 and 8 December 2001 to 12 February 2002.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 November 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 2 September 2009, a copy of which is
attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted wags
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,
Enclosure
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