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NAVY | BCNR | CY2013 | NR8611 13
Original file (NR8611 13.pdf) Auto-classification: Denied
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rm Aye
na mNm FY

DEPARTMENT OF TH
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 100)
ARLINGTON, VA 22204-2480 -

 

JSR
Docket No: NR86ii-13
15 October 2014

 

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 reports for 2 June 20i1 to 28
February 2012 and 29 February to 3 April 2012 and the service
record page 11 (“Administrative Remarks (1070)") entries dated
28 February 2012 with your rebuttal dated 2 March 2012 and 2
April 2012 with your rebuttal dated 3 April 2012. —

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 three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 October 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
ef 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 (HOMC) Performance
Evaluation Review Board (PERB), dated 14 November 2013 and 22
July 2014, and the advisory opinion from HQMC dated 27 January
2014, copies of which are attached. The Board also considered
your letter dated 30 November 2013 in reply to the report of the
PERB dated 14 November 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 reports of the PERB
and the advisory opinion. The Board noted that both contested
page 11 entries were signed by the commanding officer, not the
executive officer. In view of the above, 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 reconsidér 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
igs 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
Executive Director

Enclosure

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