DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR1701-13
12 April 2013
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 9 June to 27
November 2007, 28 November to 14 December 2007 and 15 to 31
’ December 2007.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the reports for 28 November to 14 December
2007 and 15 to 31 December 2007.
_ A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 April 2013. 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 14 February 2013, 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
- in concluding that the remaining contested report, for 9 June to
27 November 2007, should stand. 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. a
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,
TR pent SD f——
. ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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