DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 334-11
17 February 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 report for 1
August 2000 to 28 June 2001. It is noted that Headquarters
Marine Corps (HQMC) has directed modifying the report by
changing the entry in section A, item 3.a (occasion) from “AN”
(annual) to “TR” (transfer).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 February 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
report of the HOMC Performance Evaluation Review Board (PERB),
dated 17 December 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 comments contained in the report of the PERB.
The Board found the change to the occasion of the contested
fitness report would not have appreciably enhanced your
competitiveness for selection to lieutenant colonel, therefore,
it had no grounds to remove either of your failures of selection
by the Fiscal Year 2011 and 2012 Lieutenant Colonel Selection
Boards. In view of the above, your application for relief
beyond that effected by HQMC 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,
Enclosure
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