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NAVY | BCNR | CY2012 | 05610-12
Original file (05610-12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY Be
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001

ARLINGTON, VA 22204-2480

 

BUG
Docket No: 5610-12
17 September 2012

 

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 report for 23 May to 31
December 2011.

It is noted that Headquarters Marine Corps (HQMC) has modified
section K.4 (reviewing officer comments) of the contested report
by changing the name “Bathurst” to “Featherstone.”

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. The Board also considered the report
of the HQMC Performance Evaluation Review Board (PERB), dated 21
May 2012, 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
HOMC 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,

\D Woon

W. DEAN PF!

  

 

 

Enclosure

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