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NAVY | BCNR | CY2010 | 03083-10
Original file (03083-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 3083-10
12 July 2010

 

 

Dear *

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 modifying the fitness report for 2 May to 29
April 2009 to reflect commendatory material and raising, in
accordance with the reporting senior’s (RS’s) electronic mail
(e-mail) dated 6 November 2009 and the RO’s (ROS’s) e-mail
dated 11 August 2009, the mark in section G.1 (“Professional
Military Education”) from “C” (fifth best of seven possible
marks) to “D” (fourth best).

 

It is noted that, Headquarters Marine Corps (HQMC) has directed

modifying the report in question to reflect commendatory
material.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 July 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 19 March 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 report of the PERB.
Accordingly, your application for relief beyond that effected
by HQMC has been denied. The names and votes of the members of
the panel will be furnished upon request.

Although the Board voted not to raise the mark in section G.1,
you may submit the RS’s and RO’s e-mails 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,

\Wan Se

W. DEAN PFE
Executive Diréctor

 

Enclosure

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