DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. NR3084-13
10 October 2013
This is in reference to your application dated 1 March 2013, seeking
reconsideration of your previous application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552. You again requested removing the fitness
report for 1 June 2005 to 17 June 2006. This request was denied in
your previous cases, docket numbers 8554-07 and 10274-11, on 16
November 2007 and 3 November 2011, respectively.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, reconsidered your case on 10 October
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, the Board’s files on your
prior cases, your naval record and applicable statutes, regulations
and policies. The Board also considered the report of the
Headquarters Marine Corps Performance Evaluation Review Board (PERB)
dated 14 August 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. The Board duly noted the
supporting statement from your current reporting senior at enclosure
(3) to your letter of 28 February 2013. Enclosure (7) to your letter
did not persuade the Board that your reporting senior discriminated
against you because of your Puerto Rican heritage. In view of the
above, the Board again voted to deny relief. 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,
Ly Vong
W. DEAN P F
Executive Die
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