DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 12295-09
19 March 2010
ag
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
2 October 2007 to 1 March 2008 or, as a second preference, that
it be modified by removing the reporting senior’s (RS’s)
reference to a service record page 11 entry.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing the mark
from section A, item 6.b (“Marine Subject Of: Derogatory
Material”); removing, from section I (RS’s “Directed and
Additional Comments”), “Derogatory: Directed Comment,
Sect[ion] A, Item 6b: MRO [Marine reported on] has a page ll
entry for being arrested and conduct not in keeping with
standards expected for an NCO [noncommissioned officer].”; and
removing, from your statement dated 13 May 2008, ‘or signed a
page 11 counseling for this incident.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 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
Performance Evaluation Review Board (PERB),.dated 18 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,
7 \s
W. DEAN P
Executive
Enciosure
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