DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
/ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 11404-09
4 March 2010
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. . ,
A three-member panel of the Board for Correction of Naval”
Records, sitting in executive session, considered your ,
application on 4 March 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
advisory opinions from HOMC dated 16 November 2009 and the
Marine Corps Recruiting Command dated 4 January 2010 with
enclosure, copies of which are 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 the advisory opinions. Specifically concerning the
contested fitness report, the Board noted that the pre-trial.
diversion of 11 May 2006 shows you did enter a plea of guilty.
The Board further noted that the reviewing officer clarified
that although you did plead guilty, you were to be exonérated of '
f
guilt if you met all conditions. 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,
Executive Diredgt
Enclosure
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