DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: 3465-12
13 September 2012
Dear ie
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 April 2007 to
31 March 2008, 2 July to 31 December 2008 and 1 January to 23
February 2009; removing the service record page 11
(“Administrative Remarks (1070)”) entry dated 13 February 2009;
removing from the Marine Corps Total Force System data your
assignments to the Body Composition Program on 1 December 2007
and 13 February 2009; and adjusting your staff sergeant date of
rank and effective date from 1 July 2008 to 1 January 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 September 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 (HQMC) Performance
Evaluation Review Board (PERB) dated 27 March 2012 and the
advisory opinions from HQMC dated 24 May 2012 with enclosure and
6 July 2012 with references (b), (d), (e) and (£), copies of
which are 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
and the advisory opinions. Accordingly, 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,
Wy swe PF
Executive D
Enclosure
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