DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Z NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 05100-11.
5 August 2011
leh
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 4 August
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 and applicable statutes,
regulations and policies. in addition, the Board considered the
advisory opinion furnished by the Navy Personnel Command dated
24 May 2011, a copy of which is attached. The Board also considered
your letter Gated 21 June 2011 with attachment .
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 advisory opinion. The Board was unable to find that
your request for and receipt of mental health services was the basis
for the contested fitness report, noting that the report makes no
express mention of medical issue. Further, the Board observed that
you provided no statement from competent medical authority to the
effect that your diagnosed adjustment disorder contributed to the
deficiencies cited in the report at issues. Finally, the Board was
unable to find you were not counseled about perceived deficiencies,
noting that counseling takes many forms, s0 the recipient may not
recognize it as such when it is provided. 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 correction of an official naval record, the burden
is on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
Wout
W. DEAN PF
Executive ctor
Enclosure
NAVY | BCNR | CY2010 | 00446-10
You finally impliedly requested removing the service record page 11 (“Administrative Remarks (1070)") counseling entry dated 25 January 2008. 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. Further, the (enclosure Board was unable to find your promotion would not have been delayed, had the results of the inspection, which was conducted on...
NAVY | BCNR | CY2010 | 09783-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 04046-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 08255-01
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. They were likewise unable to find that you were not given a chance to submit an “MRO [Marine reported on] worksheet” or that you were not given a chance to discuss your billet description with the reporting senior. Reference (b) is the performance evaluation 000425 to 000717 The petitioner...
NAVY | BCNR | CY2003 | 01562-03
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 this connection, the Board substantially concurred with the comments contained in the 2.c, that the applicant “has to show that advisory opinion, except the statement, in paragraph either there is no rational support for the reporting senior’s action or that the reporting senior acted for...
NAVY | BCNR | CY2003 | 04221-03
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 6 May 2003, a copy of which is attached. In the petitioner's rebuttal to the fitness report, he surfaced his disagreements and concerns with the overall evaluation.
NAVY | BCNR | CY2011 | 03293-11
You requested, in effect, removal of decumentation of your detachment for cause. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 9 May 2011, a copy of which is attached. 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
NAVY | BCNR | CY2008 | 10449-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2009. 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 was likewise unable to find the RO’s portion of the contested fitness report should have been “not observed,” noting that an observed...
NAVY | BCNR | CY2010 | 09121-11
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 found it was during the period of the contested fitness report that you received a formal counseling for your conduct before that period, as mentioned in section I (reporting senior’s “Directed and Additional Comments”) of the report. Consequently, when applying for a correction of...
NAVY | BCNR | CY2011 | 05470-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 February 2012. In addition, the Board considered the advisory opinions furnished by the Chief of Naval Operations dated 5 July 2011 with attachments and the Navy Personnel Command dated 19 July 2011, 8 August 2011 and 10 August 2011 with attachment, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden...