DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5153-11
1 August 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 May to 31 July 2010
be modified, in accordance with the reporting senior’s (RS’s)
letter of 2 December 2010, by raising the marks in sections D.1
(“Performance”), D.2 (“Proficiency”), E.1 (“Courage”), E.2
(“Effectiveness Under Stress”) and E.3 (“Initiative”) from “D”
(fourth best of seven possible marks) to “E” (third best) and
G.1 (“Professional Military Education”) from “Cc” (fifth best)
to “D".
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 July 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. The Board also considered
the report of the Headquarters Marine Corps Performance
Evaluation Review Board (PERB), dated 3 May 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 report of the PERB. The Board
recognized that the RS’s letter was submitted less than three
months after the date he signed the fitness report in question,
but was unable to find the proposed revised marks more fairly
and accurately reflected your performance than did the
contested original marks. In view of the above, your request
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 the RS’s letter 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 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,
(See S )
W. DEAN PFERF
Executive Dire r
Enclosure
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