DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 180-10
8 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 completely removing the fitness report for 31
December 2008 to 15 May 2009. It is noted that the Commandant
of the Marine Corps (CMC) has directed modifying the contested
report by removing from section I (reporting senior (RS)’s
“Directed and Additional Comments”), “{You have] the potential
to be a well rounded SNCO [staff noncommissioned officer] .”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 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 5 January 2010, a copy of
which is attached. The Board also considered your rebuttal
letter dated 19 January 2010 with enclosures.
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, except to
note the light duty chit you submitted was dated 10 August
2009, after the pertinent reporting period. The Board was
unable to find the section I comment “As [your] primary MOS
[military occupational specialty] as small arms repairman, [you
meet] the minimum standards” was invalid, merely because the |
same RS who made that comment had assessed your performance of
your primary MOS more favorably in two earlier reports.
Finally, the Board found nothing in the contested report
indicating you were relieved of your duties, as your letter of
19 January 2010 asserts you were. 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,
\ ua
W. DEAN BFERRFEY
Executive Dik
Enclosure
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