DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11428-10
10 November 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 modifying the fitness report for 1 October 2009
to 28 January 2010 by removing, from section K.4 (reviewing
officer's comments), the comment “SNM [subject named Marine]
does not possess the mental dexterity required to lead Marines
in extremely challenging environments.” In the alternative,
you requested completely removing the contested report.
Finally, you requested modifying your Marine Corps Total Force
System data by removing the Draw Case Code “AU” (subject of
adverse material).
Tt is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the fitness report in question by removing,
from section K.4, the following:
Despite counseling from myself, the SgtMaj [sergeant
major] and Bn XO [battalion executive officer], SNM
allowed his emotions to get the best of him, ultimately
lost his bearing and assaulted a junior Marine resulting
in a relief for cause by me. SNM does not possess the
mental dexterity required to lead Marines in extremely
challenging environments.
CMC further directed removing, from page 2 of your statement
dated 20 February 2010, the following: “I do possess the
mental dexterity to lead Marines in extremely challenging
environments.” and “At no time did the BN CO [commanding
officer], XO counsel me regarding my actions as a Company
lstSot [first sergeant) .”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 November 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 13 October
2010, a copy of which is attached. The Board also considered
your rebuttal letter dated 26 October 2010 with enclosures.
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 noted the commanding general's
endorsement on the preliminary inquiry did not express
disagreement with your relief as company first sergeant. The
Board was unable to find your relief for cause was not
forwarded via the chain of command in accordance with Marine
Corps Order 5320.17. Since the Board found no basis to set
aside your relief, it had no grounds to remove the “AU” code.
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,
Ly
W. DEAN PF
Executive Dire 2
Enclosure
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