701 >. COURTHOUSE ROAD, SUITE
ARLINGTON, VA 22204-2490
JSR
Docket No: WR8514-13
In Novemnpe»r pui4
Dear Gunnery sergean {iy
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 15526
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 November 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 submitte
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board (PERB) dated 22 October 2013 and 18 July
2014 and the advisory opinions from HoMC dated 11 December 2013
and 21 August 2014, copies of which are attached, and your
letter dated 13 November 2013 with enclosure.
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
and the advisory opinions. aecordingly, 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
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. 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 J. O’ NEILL
Fxecutive Director
Enclosure
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The page 11 entry was not considered, as the attached e-mail dated 28 October 2014 from Headquarters Marine Corps (HOMC) shows that neither the entry nor your rebuttal appears in your Official Military Personnel File. A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 20 November 2014. New evidence is evidence not previously considered by the Board prior to making its gecision in this case.
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