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NAVY | BCNR | CY2010 | 06961-10
Original file (06961-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JSR

WASHINGTON DC 20370-5100 Docket No. 06961-10
2 June 2011

 

This is in reference to your application dated 15 May 2010, seeking
reconsideration of your previous application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552. Your previous case, docket number

03789-09, was denied on 11 June 2009. You again requested removing

the fitness reports for 15 March to 30 June 2005 and 30 September
to 15 November 2005.

It is noted that the Commandant of the Marine Corps has directed
removing the contested report for 15 March to 30 June 2005.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, reconsidered your case on 2 June 2011.
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 current application, together with all
material submitted in support thereof, the Board's file en your prior
case, 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 4 April 2011, 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. Accordingly, the Board again
voted to deny relief regarding the remaining contested fitness

report. 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,

  

 

 

Executive

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