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NAVY | BCNR | CY2012 | 06644 12
Original file (06644 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BUG
Docket No: 6644-12
18 October 2012

tine eth elie lie ie a is sai

 

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 21 June to 31
October 2009 and 1 November 2009 to 4 June 2010.

It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested report for 21 June to 31 October
2009 and modifying the report for 1 November 2009 to 4 June 2010
by marking section A, item 6.a (“Marine Subject Of: Commendatory
Material”) and adding, to section I (reporting senior’s
“Directed and Additional Comments”), “Directed Comments:

Sect [ion] A, Item 6a. SNM [Subject Named Marine] received a

Letter of Appreciation and Certificate of Appreciation during
the reporting period.”

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 October 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

reports of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 6 April and 19 June 2012, copies of
which are attached. Finally, the Board considered the letter on
your behalf from nited States Marine Corps,

dated 9 July 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
in finding the remaining contested fitness report should stand.
The statement from ‘CUM not persuade the Board that
this report should have evaluated you more favorably. The Board
was unable to find this report should have been split into two
reports, as you contend, noting you did not state why you
believe you should have received two reports for the period
concerned. In view of the above, 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,

Ripe RODS | eM pcp me

ROBERT D. SALMAN
Acting Executive Director

 

Enclosures

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