DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 11386-09
7 January 2010
This igs 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 report for 31
March to 5 October 2007. The Commandant of the Marine Corps
(CMC) has directed modifying the report by changing the entry in
section A, item 3.c (“Type”) from “Cc” (combat) to “N” (normal
peacetime reporting} and removing, from section I (reporting
senior’s “Directed and Additional Comments”), “SECT A, Item 3C;
This is a combat fitness report for participation in combat
operations in the al Anbar Province, Iraq, for October 2007."
and “completed most tasks when supervised and.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 January 2010. 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 (HQMC) Performance
Evaluation Review Board (PERB), dated 23 October 2009 and the
e-mail from the HQMC Performance Evaluation Review Branch dated
2 November 2009, copies of which are attached. The Board also
considered your counsel's supplemental statement received on 20
July 2009,
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 was unable to find the contested fitness report was
used as a counseling tool. In view of the above, 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,
My Dead
W. DEAN PF
Executive tor
Enclosure
NAVY | BCNR | CY2009 | 09245-09
(reviewing officer’s marks and comments.) 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. Consequently, when applying for a correction ef an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2014 | NR5198 14
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