DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 12153-09
22 February 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.
Your initial application requested that the fitness report for
i5 September 2008 to 9 February 2009 be modified by removing,
from section K.4 (reviewing officer’s comments), “but does
require supervision at times.” As indicated in the report of
the Headquarters Marine Corps (HQMC) Performance Evaluation
. Review Board (PERB) dated 1 June 2009, a copy of which is
attached, the Commandant of the Marine Corps (CMC) directed the
requested modification. You then submitted a second
application requesting that the report, as modified, be
completely removed.
It is noted that CMC has directed modifying section I
(reporting senior’s “Directed and Additional Comments”) of the
contested report by removing “With minimal guidance” and
changing “FY [Fiscal Year] 10” to “FY 09."
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 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
submitted in support thereof, your naval record and applicable
statutes, regulations and policies. In addition, the Board
considered the report of the HQMC PERB dated 1 June 2009 and
the PERB report dated 18 November 2009, a copy of which is also
attached. The Board also considered your rebuttal letter dated
10 December 2009 and the letter on your behalf dated 27 March
2009 from — Reiiiieey:; United States Marine
Corps. Finally, the Board considered your fitness report for
10 February to 31 December 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 dated 18 November 2009. 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,
Enclosures
NAVY | BCNR | CY2009 | 08554-09
The Board further concurred with the advisory opinion in = concluding your selection by the FY 2010 Lieutenant Colonel Selection Board would have been definitely unlikely, even if your record had not included the fitness report CMC has directed removing. request, a Although the Board voted not to modify the fitness report for i July 2005 to 21 June 2006, you may submit the RS’s letter and the RO’s endorsement to future selection boards. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2008 | 10175-08
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. Regarding the recommendation, in paragraphs 4.b.ii and 5 of the JAM5 advisory opinion, to amend the commanding officer’s/RO’s letter of 4 May 2006 (among the ericlosures to the HQMC routing sheet dated 10 October 2006) by removing the words “for his civilian conviction,” the Board noted that...
NAVY | BCNR | CY2009 | 06106-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable. 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 | CY2010 | 08487-10
Documentary material considered by the Board consisted of your application, together with all material submitted im support thereof, your naval record and applicable statutes, regulations and policies. 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. Since the Board found insufficient basis to remove your failure of selection by the FY 2011...
NAVY | BCNR | CY2009 | 09555-09
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested fitness report for 25 November 2002 to 29 May 2003. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 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 | CY2009 | 06116-09
You also requested completely removing the fitness report for 15 November 2004 to 30 May 2005 and modifying the report for 1 June to l September 2005 by removing the entire section K (RO marks and comments) or, if that modification is denied, raising the mark in section K.3. It is noted that the Commandant of the Marine Corps (CMC) has directed removing all the contested comments from sections I and K.4 of the report for 14 June to 3 August 2004; modifying the report for 15 November 2004 to...
NAVY | BCNR | CY2010 | 08458-10
It is noted that the Commandant of the Marine Corps (CMC) has directed the requested modification of the report for 26 July 2006 to 28 February 2007. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 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 | CY2009 | 09569-09
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the report for 1 August to 27 September 2002 as you requested. Documentary material considered by the Board consisted: of your application, together with all material submitted in support thereof, the Board’s file on your other case (docket number 8538-09), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2010 | 03999-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by removing the fitness report for 8 December 2007 to 8 August 2008, a copy of which is at Tab A. That Petitioner’s naval record be corrected by removing all remaining references to his NJP of 7 August 2008, to include the following: {1) Unit Punishment Book entry (2) Second sentence,...
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.