DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 6672-10
22 July 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 removing the fitness reports for 15 February to 31
December 1999, 1 January to 31 March 2000, 1 April to 4
September 2000, 18 December 2000 to 31 December 2001 and 1
January to 1 July 2002.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 18 December 2000 to
31 December 2001 by removing, from section I (reporting senior’s
“Directed and Additional Comments”), “In the past, MRO [Marine
reported on] has had a problem maintaining bearing in stressful
situations. However, understanding this weakness, MRO has shown
considerable improvement in maintaining poise under pressure.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 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. In addition, the Board considered the
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 18 June 2010, a copy of which is
attached, and your letter dated 16 July 2010.
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.
The Board found the supporting statements you provided were
commendatory, but did not invalidate any of the contested
fitness reports. 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,
eG
W. DEAN PFE
Executive Dil
Enclosure
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