DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG ,
Docket No: 11400-09
26 February 2010
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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, modifying the fitness report for 2
July to 10 December 2007, in accordance with the reporting
senior (RS)’s letter dated 15 May 2009, by changing the entry ~
in section A, item i.h ("“BILMOS [billet military occupational —
specialty]”) from “0193” (personnel/administrative chief) to
‘“0180" (adjutant) and changing the marks in sections D.1
(“Performance”), F.1 (“Leading Subordinates”), F.3 (*Setting
the Example”) and F.4 (“Ensuring Well-being of Subordinates”)
from “D” (fourth best of seven possible marks) to “E” (third
best); E.1 (“Courage”) from “H" (not observed) to *“D"; and F.2
(“Developing Subordinates”)} and G.1. (“Professional Military
Education”) from *C” (fifth best} to “D.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 February 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 a
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 23 October
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 and noted the reviewing officer concurred
with the marks the RS originally assigned. 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.
a b
Although the Boatd 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
‘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,
pen OS, LA 1 Vr mrerae
ROBERT 2SALMAN
Acting Executive Director
Enclosure
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