DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD. SUITE 100
ARLINGTON, VA 22204-2490
JSR
Docket No: NR7160-13
5 June 2014
Dear Sergeant a
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 completely removing the fitness report for 1 April
to 27 November 2007.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by changing the
beginning date from 1 April 2007 to 14 July 2007 (and filing an
administrative filler for 1 April to 13 July 2007); removing,
from section I (reporting senior's “Directed and Additional
Comments”), “MRO [Marine reported on] is currently enrolled in
the BCP [Body Composition Program] program." and removing, irom
section Kk.4 (reviewing officer's comments), “MRO {Marine
reported on] returned from post-OIF [Operation Iraqi Freedom]
05-08.1 deployment leave at 300 lbs. MRO graduated from the
USMC Marine Corps Warfighting Lab Train-the-Trainer 6 week
course following deployment and lost 45 pounds."
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 June 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, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps Performance. Evaluation
Review Board (PERB), dated 9 August 2013 and 9 April 2014,
copies of which are attached, and your letter dated 29 August
2013 with enclosures.
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 reports of the
PERB. 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,
SD
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2014 | NR5198 14
You requested removing the fitness reports for 1 January to 25 June 2007, 11 July to 31 December 2009 and 19 May to 31 December 2010. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 January to 25 June 2007 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] is assigned to the Body Composition Program.” and “SECT[ion] A, Item 5a: MRO is currently assigned to the Body...
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Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying section I (reporting senior’s “Directed and Additional Comments”) of the contested report for 30 September 2022 to 25 June 2013 by removing the word “capable” from the First sentence and in the fifth sentence, changing the comma after the word “complete” to a period and removing “MRO [Marine reported on] should attend MOS [military occupational specialty] school at first opportunity.” and modifying section...
NAVY | BCNR | CY2014 | NR9944 14
"; removing, from the justification for the mark in section G.3, “MRO received a 6105"; removing, from section I (reporting senior’s “Directed and Additional Comments”), Sect[ion] A, Item 6b: MRO received a 6105 for an alcohol related incident that occurred on 8 Nov 2013.” and removing, from section k.4 (reviewing officer's comments), *,imdicated in the 6105 counseling,”. New evidence is evidence not previously considered by the Board prior to making its decision in this case. ...
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It is noted that the Commandant of the Marine Corps (CMC) has directed modifying section I of the fitness report for i November 2012 to 31 March 2013 as you requested. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2014. 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.
NAVY | BCNR | CY2014 | NR10596 14
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] being assigned to the BCP [Body Composition Program] “ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2014 Your allegations of error and injustice were reviewed in accordance with...
NAVY | BCNR | CY2014 | NR9353 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 October 2014. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR4761 14
It is noted that the Commandant of the Marine Corps (CMC) has Girected modifying the contested report for 28 April to 31 December 2011 by removing, from section K.4 (reviewing officer's (RO’s) comments), “MRO [Marine reported on] continues to develop and hone skills required to effectively support Special Operations Marines in combat operations.” and further directed removing the entire section K (RO’s marks and comments) from each of the other three reports at issue. A three-member panel...
NAVY | BCNR | CY2014 | NR5132 14
Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying the second sentence in section I (reporting senior's “Directed and Additional Comments”) of the contested report, which reads “MRO [Marine reported on] is a newly promoted Staff Non Commissioned Officer, who performs well ina difficult and demanding billet, but is best suited for a Food Service position in the Operating Forces. ", by changing the comma after the word “billet” to a period, and changing the...
NAVY | BCNR | CY2013 | NR8611 13
— Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 2 June 2011 to 28 February 2012 by filing a Memorandum for the Record showing that section A, item 6.a (“Commendatory Material”) is marked, and including in section I (reporting senior’s “Directed and Additional Comments”) “Directed Comments: Item 6A: MRO [Marine reported on] was awarded a Meritorious Mast and two Letters of Appreciation during this reporting period.” A...
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Specifically, cmc has directed removing, from section I (reporting senior's “Directed and Additional Comments”), “Directed Comment, Sect [ion] A, 8F: MRO [Marine reported on] was assigned to the Body Composition Program (BCP) during this reporting period.” and from section K.4 (reviewing officer’s comments), “due to her assignment to BCP.” By electronic mail dated 10 March 2010, a copy of which is attached, the staff of the Board for Correction of Naval Records (BCNR) advised Headquarters...