DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 11749-09
7 January 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 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 Performance Evaluation
Review Board (PERB), dated 2 November 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.
The Board did not condone the late submission of the contested
fitness reports, but found this did not invalidate the reports,
as it was unable to find your ability to respond to them
effectively in your application to this Board was impaired. The
Board was likewise unable to find the reviewing officer did not
counsel you on what he expected of you. 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,
&
W. DEAN PF
Executive or
Enclosure
NAVY | BCNR | CY2009 | 06115-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 January 2010. 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 00180-10
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by removing from section I (reporting senior (RS)’s “Directed and Additional Comments”), “{You have] the potential to be a well rounded SNCO [staff noncommissioned officer] .” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2010. The Board also considered your rebuttal letter dated 19 January 2010 with...
NAVY | BCNR | CY2010 | 09297-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 September 2010. 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. The Board was likewise unable to find the RS did not, at the beginning of the reporting period, give you a billet description or convey your...
NAVY | BCNR | CY2010 | 11210-10
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by removing, from the third sighting officer addendum page, “This report is a valid adverse report due to MRO [Marine reported on] receiving a 6105 counseling.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2010. In this regard, the Board was unable to find the lateness harmed your ability to...
NAVY | BCNR | CY2010 | 09823-10
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested reports for 11 March to 15 July 2009 and 1 August to 30 September 2009; and modifying the report for 1 October 2008 to 10 March 2009 by removing the mark in section A, item 6.c (“Disciplinary Action”) and removing, from the third sighting officer’s comments, “SNM [Subject named Marine] has been the subject of numerous Human Factor Boards and Stan [standardization] Boards; all recommendations from...
NAVY | BCNR | CY2009 | 11386-09
You requested completely removing the fitness report for 31 March to 5 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. 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.
NAVY | BCNR | CY2014 | NR5294 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 June 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2010 | 04042-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2010. 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 07272-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 April 2013. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, reguiations and policies. The Board found that your FY 2012 failure of selection should stand as well, since it found insufficient basis to modify your fitness report record;...
NAVY | BCNR | CY2010 | 11428-10
You requested modifying the fitness report for 1 October 2009 to 28 January 2010 by removing, from section K.4 (reviewing officer's comments), the comment “SNM [subject named Marine] does not possess the mental dexterity required to lead Marines in extremely challenging environments.” In the alternative, you requested completely removing the contested report. CMC further directed removing, from page 2 of your statement dated 20 February 2010, the following: “I do possess the mental...