DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC. 20370-5100
JSR
Docket No: 454-10
11 March 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, in effect, that the fitness report for 19 August
to 31 December 2008 be modified, in accordance with the
reporting senior (RS)’s letter dated 7 July 2009, by raising the
mark in section G.1 (“Professional Military Education”) from “B”
(sixth best of seven possible marks) to “C” (fifth best);
sections E.1 (“Courage”), E.2 (“Effectiveness under Stress"),
E.3 (“Initiative”), F.1 (“Leading Subordinates”), F.5
(“Communication Skills”), G.2 (“Decision Making Ability”) and
G.3 (“Judgment”) from "C"” to “D” (fourth best); and sections D.1
(“Performance”), D.2 (“Proficiency”), F.2 (“Developing
Subordinates”), F.3 (“Setting the Example”) and F.4 ("Ensuring
Well-being of Subordinates”) from “D” to “E” (third best).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 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 11 January 2010, 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 comments contained in the report of the PERB
and also noted that the reviewing officer concurred with the
marks the RS originally assigned. Accordingly, your application
has been denied. The names and votes of the members of the
. panel will be furnished upon request.
Although the Board voted not to modify the fitness report in
question, you may submit the RS’s letter to future selection
boards.
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,
\ ease Dp
W. DEAN PFE
Executive Dikec
Enclosure
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