DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
JSR
Docket No: NR8&180-14
24 July 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 GE che
United States Code, section 1552.
You requested that the fitness report for 2 July 2011 to 6
February 2012 be modified to reflect “Insufficient” observation
by the reviewing officer (RO). You also requested removing your
failure of selection by the Fiscal Year (FY) 2014 Chief Warrant
Officer 3 (CWO3) Selection Board and affording you remedial
consideration for the FY 2015 CWwO3 Selection Board.
Rh three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24. July 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, cogether 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 3 July 2014, a copy of which is
attached, and your letter dated 21 July 2014 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 thig connection, the Board substantially
concurred with the comments contained in the report of the PERE.
The Board recognized that the RO’s comments in section K.4 of
the fitness report at issue were substantially identical to his
comments in the report for 23 November 2011 to 30 April 2012 for
cwO2 D. A. M---, whereas your section K.3 (RO‘’s “Comparative
Assessment”) mark (fifth best of eight possible marks) was one
block lower. However, this did not persuade the Board that the
RO evaluated you improperiy. Since the Board found no defect in
the fitness report in question, it had ho grounds to remove your
failure of selection for promotion or grant you remedial
consideration for promotion. 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,
et BS. La
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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