DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: 08548-12
12 October 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 modifying the fitness report for 5 September 2009
to 30, June 2010, in accordance with the reporting senior’s
(RS's) letter dated 23 March 2012, by raising the marks in
sections E.1 (“Courage”) and F.1 (“Leading Subordinates”) from
“D" (fourth best of seven possible marks) to “E” (third best)
and F.2 (“Developing Subordinates”) from “E” to “F” (second
best); modifying the fitness report for 1 July to 7 December
2010, also in accordance with the RS’s letter dated 23 March
2012, by raising the marks in sections F.1 and G.1
(“Professional Military Education”) from “D” to “E” and
modifying the fitness report for 8 December 2010 to 18 February
2011 by making it “not observed.”
It is noted that the Commandant of the Marine Corps (CMC) has
directed the requested modification of the report for 8 December
2010 to 18 February 2011.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 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. In addition, the Board considered the
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 15 August 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,
noting that the reviewing officer concurred with the marks
originally assigned in the reports for 5 September 2009 to 30
June 2010 and 1 July to 7 December 2010, and that you submitted
nothing to show he agreed with the proposed revised marks.
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.
Although the Board voted not to modify either of the fitness
reports for 5 September 2009 to 30 June 2010 and 1 July to 7
December 2010, you may submit the RS’s letter to future
selection boards.
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 iijustice .
Sincerely,
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