DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8027-10
3 September 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 that the fitness report for 1 January to 31 July
2008 be modified so it will not be adverse, implying removal of
the marks in section A, items 5.a (“Special Case: Adverse”)
and 7.b (“Recommended for Promotion: No”).
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing, from
section I (reporting senior’s “Directed and Additional
Comments”), “SECT[ion] A, Item 5a- MRO [Marine reported on] was
assigned to the BCP [Body Composition Program] during this
reporting period for being outside of Marine Corps physical
fitness and weight standards. SECT A, Item 7b- I recommend
that MRO not be considered for promotion due to assignment to
BCP.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 September 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 27 July 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. The Board
found the contested mark in item 7.b was adequately supported
by your not having been within height/weight standards. 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,
W. DEAN
Executive Di
Enclosure
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fitness report meets the criteria for derogatory material in Sect A, Item 6B and is rendered adverse IAW [in accordance with] MCO [Marine Corps Order] P1610.7F. In addition, the Board considered the report of the Headquarters Marine Corps (HQMC)} Performance Evaluation Review Board {PERB}), dated 31 March 2014 as amended by the HOMC e-mail dated 10 April 2014 with attachments, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden...
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It is further noted that the Commandant of the Marine Corps (CMC) has directed modifying the report by removing, from section I (reporting senior (RS) “Directed and Additional Comments”) “DIRECTED COMMENT -—- SECT A, ITEM 7b: I recommend that the MRO [Marine reported on] not be promoted with contemporaries.” And completely removing section K (reviewing officer (RO) marks and comments). A three-member panel of the Board for Correction of Naval Records, sitting in executive session,...
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