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NAVY | BCNR | CY2011 | 01981-11
Original file (01981-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JSR
Docket No. 01981-11
7 April, 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 that the fitness report for 1 June 2008 to 8 June 2009
be modified, in accordance with the reviewing officer's (RO's)
undated endorsement on your letter dated 14 September 2010, by

changing the mark in section K.1 (RO’s “Observation”) from
“Gufficient” to “Insufficient,” removing the mark of “Concur” from
section K.2 (RO’s “Evaluation”), removing the mark from section K.3
(RO’s “Comparative Assessment”) and removing the comments from

section K.4 (RO’s “Comments”).

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 7 April
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 Headquarters Marine Corps
Performance Evaluation Review Board (PERB), dated 15 February 2011,
a copy of which is attached, and your letter dated 7 March 2011 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. 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,
you may submit your letter of 14 September 2010 with the RO's

endorsement 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 fora correction of an official naval record, the burden
is on the applicant to demonstrate the existence of probable material

error or injustice.

Sincerely,

\v Some

W. DEAN PFEL
Executive Dir

Enclosure

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