DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
J5R
Docket No: 7429-11
28 July 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 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. In addition, the Board considered the
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 27 June 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.
The Board noted that the reporting senior stated, in section I
(“Directed and Additional Comments”) of the contested fitness
report, that you continued to “seek completion” of professional
military education; and further noted that your Navy and Marine
Corps Achievement Medal was for performance during your entire
tour with Aviation Maintenance Squadron One beginning on 1
August 2000, not just the period in question. The Board did not
find these comments to be inconsistent with your having received
marks in sections D.1 (“Performance”) and G.1 (“Professional
Military Education”) that were lower than those you received in
the immediately preceding fitness report from the same reporting
senior. Since the Board found no defect in your performance
record, it had no basis to remove your failure of selection by
the Fiscal Year 2012 Lieutenant Colonel Selection Board. 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,
Enclosure
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