DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9823-10
31 March 2011
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 completely removing the fitness reports for
1 October 2008 to 10 March 2009, 11 March to 15 July 2009 and
1 August to 30 September 2009.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested reports for 11 March to 15 July
2009 and 1 August to 30 September 2009; and modifying the report
for 1 October 2008 to 10 March 2009 by removing the mark in
section A, item 6.c (“Disciplinary Action”) and removing, from
the third sighting officer’s comments, “SNM [Subject named
Marine] has been the subject of numerous Human Factor Boards and
Stan [standardization] Boards; all recommendations from these
working groups have been consistent with the recommendations
submitted by the RS [reporting senior] and RO [reviewing
officer] of SNM.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 March 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 application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 23 August 2010 and 17 March 2011, and
the PERB memorandum dated 14 September 2010, copies of which are
attached, and your letters dated 5 October 2010 with Tabs 1-14
and 30 March 2011.
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 warranting removal of the remaining contested
teport for 1 October 2008 to 10 March 2009, as modified. In
this connection, the Board substantially concurred with the
Comments contained in thé reports of the PERB.
While the Board did not ‘condone the late submission of the
remaining contested report, it was unable to find this
imvalidated it. The Board was unable to find that documentation
of your formal counseling by the staff noncommissioned officer
in charge was forwarded to your reporting senior, which would
have violated NAVMC 2795, paragraph 3005.1.i. Finally, the
Board noted that the service record page 11 counseling entry
dated 30 December 2008, which is mentioned in the remaining
contested report, does appear in your Official Military
Personnel File (Service - Contract Folder, image 75). The Board
further noted that your other case, docket number 726-11, in
which you request removing that entry, has not yet been decided.
If that relief is granted, you may request reconsideration of
your application to remove the remaining contested fitness
FEPGrt.
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,
la Sem
W. DEAN PFE
Executive Dite 1
Enclosure
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