DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10609-10
27 October 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, in effect, that the fitness report for 10
September 2009 to 7 January 2010 be modified by removing the
original marks in sections D.1 (“Performance”), F.1 (“Leading
Subordinates”), F.3 (*Setting the Example”), F.5
(“Communication Skills”) and G.3 (“Judgment”), or that a
revised fitness report replace the original report.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 October 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 24 September 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 has been denied. The names and
votes of the members of the panel will be furnished upon
request.
Although the Board voted not to modify the fitness report in
question or file a revised report in its place, you may submit
the reporting senior’s letter dated 6 April 2010, which
proposes raising the mark in section D.1 from “Cc” (fifth best
of seven possible marks) to “D” (fourth best) and section F.1
from “D” to “ER” (third best), 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,
So Reas
W. DEAN ‘PF F
Executive Ditetftor
Enclosure
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