DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
JSR
Docket No: 70-12
24 February 2012
ear aT
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 completely removing the fitness reports for 1
January to 16 June 2007 and 17 June to 23 July 2007.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 1 January to 16 June
2007 by entering a Memorandum for Record reflecting you received
a Certificate of Commendation.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 February 2012. 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 22 December 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.
Accordingly, your application for relief beyond that effected by
CMC 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,
\pQaree
W. DEAN PF F
Executive Dikdac
Enclosure
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