DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: 377-12
28 March 2013
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 removing the fitness reports for 1 November 2008
to 17 July 2009 and 18 July to 31 December 2009. You also
requested removing your assignment to the Body Composition
Program and associated service record page 11 (“Administrative
Remarks (1070”) entries.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested report for 1 November 2008 to 17
July 2009.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 March 2013. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of thie
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
reports of the Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board (PERB), dated 2 January 2012 and 24
January 2013, and the advisory opinions from HQMC dated 21 March
and 20 July 2012, copies of which are attached. The Board also
considered your letter dated 15 June 2012 with enclosures and
the letter on your behalf from Mr. A. T. C--- dated 13 June
2012.
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 reports of the PERB
and the advisory opinions. 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,
ROBERT D.~ ZSALMAN
Acting Executive Director
Enclosure
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 5. COURTHOUSE ROAD, SUITE 1007 ARLINGTON, VA 22204-2480 JSR Docket No: NR8&413-14 “~ ca a oA: = a Z4 oud ¥ 2014 Dear Staff Sergeant