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NAVY | BCNR | CY2013 | NR977 13
Original file (NR977 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JSR
Docket No: NR977-13
21 March 2013

 

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 that the fitness reports for 1 March to 30
September 2005 and 1 October 2005 to 1 April 2006 be modified in
accordance with the reporting senior’s (RS’s) letter dated 14
BRugueat 2012. In. the report for 1 March to 30 Séptember 2005,
you requested raising the marks in sections F.1 (“Leading
Subordinates”) and F.3 (“Setting the Example”) from “D” (fourth

best of seven possible marks) to “E” (third best). In the
report for 1 October 2005 to 1 April 2006, you requested raising
the marks in sections D.1 (“Performance”) and H.1

(“Evaluations”) from “D"” to ‘E.*"

A three-tiember panel of the Board for Corréction of Naval
Records, sitting in executive session, considered your
application on 21 March 2013. 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
report of the Headquarters Marine Corps Performance Evaluation

Review Board (PERB), dated 24 January 2013, a copy of which is
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 report of the PERB.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon

request...

Although the Board voted not to modify either of the fitness
reports in question, you may submit the RS’s letter to future

selection boards.

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,

ROBERT D. 4SALMAN
Acting Executive Director

Enclosure

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