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NAVY | BCNR | CY2009 | 12181-09
Original file (12181-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJG
Docket No: 12181-0909
12 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.

You requested completely removing the fitness report for
1 April to 13 May 2007.

It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing all
references to the Body Composition Program. Specifically, cmc
has directed removing, from section I (reporting senior's
“Directed and Additional Comments”), “Directed Comment,

Sect [ion] A, 8F: MRO [Marine reported on] was assigned to the
Body Composition Program (BCP) during this reporting period.”
and from section K.4 (reviewing officer’s comments), “due to
her assignment to BCP.” By electronic mail dated 10 March
2010, a copy of which is attached, the staff of the Board for
Correction of Naval Records (BCNR) advised Headquarters Marine
Corps (HQMC) that one more reference to the BCP, the statement
in section K.4 that “This is her first assignment to the
program.”, needed to be removed in accordance with the CMC
direction.

A three-member panel of the BCNR, sitting in executive session,
considered your application on 11 March 2010. Your allegations
of error and injustice were reviewed in accordance with
administrative regulations and procedures applicable to the

ee
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 HOMC Performance
Evaluation Review Board (PERB), dated 16 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 report of the PERB.
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,

W. DEAN P
Executive ector

Enclosures

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