DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 13062-09
2 April 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 that the fitness report for 1 April to 18 August
_ 2007 be modified by removing the marks in section A, items 5.a
(“Special Case” - “Adverse”) and 6.b (“Derogatory Material”);
the mark of “A” (lowest of seven possible marks) in section G.3
(“Judgment”) and sections I (reporting senior’s “Directed and
Additional Comments”), J.2 (Marine reported on acknowledgement
of adverse report), K.4 (reviewing officer’s comments) and L
(addendum pages).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 April 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. The Board also considered
the report of the Headquarters Marine Corps Performance
Evaluation Review Board ({PERB), dated 14 December 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. Without
resolving whether the Revocation of Status of Forces Agreement
Motor Vehicle and Motorcycle Licenses letter, Commanding
Officer (CO), Marine Corps Air Station (MCAS) Iwakuni letter
dated 7 May 2007, supported marking item 6.b, the Board found
it was properly marked because you were the subject of an
investigation directed by the CO, MCAS Iwakuni. In view of the
above, your application hag 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 PFEI
Executive Di t
Enclosure
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