DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: 09754-12
28 November 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 completely removing the fitness reports for 1
August to 31 December 2009, 26 June to 6 December 2010, 7
December 2010 to 31 March 2011 and 1 April to 10 July 2011.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying all four contested fitness reports, as
follows:
1 August to 31 December 2009: From section I (reporting
senior’s “Directed and Additional Comments”), remove “I fully
expect MRO [Marine reported on] to continue making improvements
and if he does” and “with his peers.”
26 June to 6 December 2010: From section K.4 (reviewing
officer’s comments), remove “As a Sergeant of Marines MRO is
still developing his leadership skills and requires further
mentoring to perform at the level of his peers.”
27 December 2010 to 31 March 2011: From section K.4,
remove “despite being graded below his peers” and “Continued
growth as a Sergeant recommended prior to promotion.”
1 April to 10 July 2011: From section I, remove “He is
able to complete moderate tasks with little or no supervision.
With continued guidance from a [sic] active mentor I feel as
though he may be able to overcome some of the previously noted
shortcomings that have been holding him back from excelling as a
leader of Marines.”; and from section K.4, remove “MRO is still
refining his abilities as a leader but displays an enthusiasm
for future growth.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 November 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
two reports of the Headquarters Marine Corps Performance
Evaluation Review Board (PERB), each dated 25 September 2012,
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 reports of the
PERB. 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,
Enclosure
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