DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51090
JSR
Docket No: NR5059-13
10 October 2013
This is in reference to your application for correction of your
haval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
By letter of 11 April 2013, you requested removing the service
record page 11 (“Administrative Remarks (1070)”) entry dated 15
September 2008. You also requested reconsideration of your
previous request (docket number NR3165-13), denied on 23 May
2013, to remove the fitness report for 4 July to 30 September
2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application 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 file on your previous case, your
naval record and applicable statutes, regulations and policies.
In addition, the Board considered the advisory opinion from
Headquarters Marine Corps (HQMC) MIQ dated 1 August 2013, and
the memorandum from HQOMC MMER/PERB dated 23 August 2013.
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 advisory opinion
from MIQ and the memorandum from MMER/PERB. The Board was
&
unable to accept your unsupported assertion th i
GM wether than the person whose signature appears in the
“Signature of CO [commanding officer]” space of the contested
page 11 entry, should have signed the entry as your CO. In this
regard, the Board noted that section A, item 10.f of the
contested fitness report, which documents your receipt of the
page 11 entry, shows the title of Sou: reporting
senior, as “Assistant Log[istics] 1cer,” rather than Co.
Further, the Board observed that section A, item 6.b
(“Derogatory Material”) of the contested fitness report is
marked, reflecting the page 11 entry the report says you
received during the reporting period, and that Marine Corps
Order 1610.7F, paragraph 4003.6.b provides this block is to be
marked “if the MRO [Marine reported on] was the subject of
derogatory material or incident reports received by the RS
[reporting senior] from outside the reporting chain or from
within the reporting chain above the RS level [emphasis added]
during the reporting period.” In view of the above, your
application 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,
Dow
Executive Di r
Enclosure
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