DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
, WASHINGTON DC 20370-5100
JSR
Docket No: 12296-09
14 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. ,
You requested completely removing the fitness reports for 31 May
to 30 September 2007 and 3 October 2007 to 30 September 2008.
Tt is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 31 May to 30
September 2007 by deleting the mark from section A, item 6.c
(“Disciplinary Action”) and removing, from section I (reporting
genior'’s “Directed and Additional Comments”), “SNM [Subject
named Marine] was given a page 11 entry for making improper
charges on his government issued credit card.” It is further
noted that CMC has directed modifying the contested report for 3
October 2007 to 30 September 2008 by removing, from section K.4
(reviewing officer’s comments), “- Fulfills collateral —
requirements under routine supervision. Maturity, attention to
detail and staff function capabilities under development.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 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 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
-dnsufficient 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,
except the Board was persuaded that the reporting senior’s
portion of the original version of a superseded version of the
contested fitness report for 3 October 2007 to 30 September 2008
was adverse. The Board was unable to find that your nonjudicial
punishment after the reporting period influenced the report in
question. In view of the above, 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,
\y
W. DEAN PFET
Executive Dirert
Enclosure
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