DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7oi S$. COURTHOUSE ROAD, SUITE 1661
ARLINGTON, VA 22204-2490
JSR
Docket No: NR8532-13
24 July 2014
Dear Staff Sergeant ial
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 removing the fitness report for 1 April 2007 to 15
February 2008, removing the service record page 11
(“Administrative Remarks (1070)") entry dated 15 November 2007
and backdating your promotion to staff sergeant to 1 December
2009.
It is noted that «he 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 24 July 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Roard. 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
report of the Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board (PERB), dated 18 October 2013, the e-
Mail from HQMC dated 19 November 2013, and the advisory opinions
from HOMC dated 25 March 2014 with enclosure and 8 May 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 comments contained in 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,
acon
ROBERT D. Z2SALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2014 | NR5265 14
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 | CY2013 | NR8499 13
You requested removing the fitness report for 14 February to 10 June 2011 and your two rebuttals, each dated 8 June 2011, to the service record page 11 ("Administrative Remarks (1070)") entries dated 25 May and 1 June 2011, respectively. Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2015. Since the Board found insufficient grounds to remove either of your failures of selection for promotion, it had...
NAVY | BCNR | CY2013 | NR4717 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2014. 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...
NAVY | BCNR | CY2014 | NR7884 14
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on § January 2015. In addition, the Board considered the report of the Headquarters Marine Corps (HOMC) Performance Evaluation Review Board dated 18 June 2014, the e-mail from HOMC dated 7 July 2014, and the advisory opinions from HOMC dated 2 September and 6 October 2014, copies of which are attached. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2014 | NR9149 14
Tt is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested fitness report for 1 July 2010 to-16 May 2011. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 October 2014. 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...
NAVY | BCNR | CY2014 | NR8728 14
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 | NR4255 14
fitness report meets the criteria for derogatory material in Sect A, Item 6B and is rendered adverse IAW [in accordance with] MCO [Marine Corps Order] P1610.7F. In addition, the Board considered the report of the Headquarters Marine Corps (HQMC)} Performance Evaluation Review Board {PERB}), dated 31 March 2014 as amended by the HOMC e-mail dated 10 April 2014 with attachments, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2013 | NR7160 13
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." A three-member panel of the Board for Correction of Naval Records, sitting in...
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...
NAVY | BCNR | CY2011 | 03147-11
Petitioner further requested removing the service record page 11 (“Administrative Remarks (1070)”) entry dated 19 March 2008, a copy of which is at Tab F. Finally, he requested setting aside the Commandant Of the Marine Corps (CMC)'s revocation dated 8 July 2008 of his selection by the Fiscal Year (FY) 2007 First Sergeant Selection Board and promoting him to first sergeant with the lineal precedence he would have had, but for the revocation. The PERB report at enclosure (2) stated that...