DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 01995-11
14 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.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 14 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 (HOQMC)
Performance Evaluation Review Board (PERB), dated 15 February 2011,
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, except to note that Marine Corps
Order 1610.7F, paragraph 4011.1.d says section H (“Fulfillment of
Evaluation Responsibilities”) of the fitness report is to be marked
“H” (not observed) for all enlisted Marines “except for the few
individuals specifically authorized by HQMC to act as reporting
officials.” The Board was unable to find you were so authorized.
Further, the Board observed that you have provided nothing to
indicate that the reviewing officer, who concurred with the fitness
report at issue as it was originally marked, supported the proposed
change. In view of the above, your application 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 correct ionfof an official naval record, the burden
‘is on the applicant to demofistrate the existence of probable material
error or injustice. 7 é
Sincerely,
a
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W. DEAN PFET
Executive Di
Enclosure
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