DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 12279-09 |
14 January 2010
for correction of your
ce to your application
of title 10 of the
t to the provisions
gection 1552.
This is in referen
naval record pursuean
United States Code,
You requested completely removing the fitness report for 4 May
to 31 December 2004.
ndant of the Marine Corps (CMC) has
tested report by removing, from
section I (rep “pirected and Additional
Comments”), *Aithough not the right fit for this Independent
Duty Position, his re-assignment , ;dent with his promotion,
will return him to a familiar Marine environment .”
Tt is noted that the Comma:
rd for Correction of Naval
-considered your
your allegations of error and
el of che Boa
B three-member pan
n executive session,
Records, gitting 1
application on 14 January 2010.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
‘al considered by the Board consisted
Board. Documentary materia
of your application, together with all material gubmitted 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 18 November 2009, a copy of which is
attached.
s consideration of the entire
necientiou
pmitted was
After careful and co
und that the evidence su
record, the Board fo
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.
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 PFEIRRE
Executive Dirset
Enclosure
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