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NAVY | BCNR | CY2012 | 09913 12
Original file (09913 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

 

JSR
Docket No: 09913-12
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 modifying the fitness report for 1 July to 24
October 2011, in accordance with the reporting senior’s (RS‘s)
letter dated 10 July 2012 with enclosure, by raising the mark in
section E.1 (“Courage”) from “C” (fifth best of seven possible
marks) to “D” (fourth best), E.2 (“Effectiveness Under Stress” )
from "C” to “E” (third best) and F.5 (*Communication Skills”)

from “D" to WE

 

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
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 28 October (sic) 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 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 the fitness report in
question, you may submit the RS’s letter with enclosure 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 injustice.

Sincerely,

Ly ea

W. DEAN PFEVF
Executive Dyyretto

Enclosure

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