DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Jo1 S. COURTHOUSE ROAD. SUITE 100%
ARLINGTON, VA 22204-2490
JSR
Docket No: NR4717-13
14 August 2014
Code, section 1552.
You requested removing the fitness report for 1 May 2010 to 10 January
2011 and all other adverse documentation relating to an allegation
of misconduct on 16 May 2010. You also requested that the date of
rank and effective date of your promotion to chief warrant officer
2 be backdated from 2 May 2012 to 1 August 2010.
It is noted that the Commandant of the Marine Corps (CMC) has directed
removing the contested fitness report.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
14 August 2014. 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 and
applicable statutes, regulations and policies. in addition, the
Board considered the report of the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Boarg (PERB) dated 17 May 2013, the
e-mail from HOMC dated 18 July 2013, and the advisory opinions
furnished by HOMC dated 18 February 2014 with attachment (MEMORANDUM
FOR SECRETARY OF THE NAVY, Subject: Promotion Recommendation in
[your case] dated 28 January 29013) and 5 dune 2014, 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 advisory
opinions. 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,
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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