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TTA SEPA T MENT OF THE NAVY
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ou #4. ROARD FOR CORRECTION OF NAVAL RECORDS
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ue 701 S. COURTHOUSE MRYUAL, BuITO 1e0)
ARLINGTON, VA 22204-2490
JSR
Docket No: NR10588-14
é Deremher 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 that the fitness report for 3 June to 13 Gctober
2010 be modified by changing the reporting senior’s evaluation
to “not observed” and changing the ending date to 24 September
2010. You further requested that the fitness report for 14
October 2010 to 21 April 2011 be modified to begin on 25
September 2010.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the report for 3 June to 13 October 2010 to
end on 28 September 2010, and modified the report for 14 October
2010 to 21 April 2011 to begin on 28 September 2010
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 December 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 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 16 September 2014, a copy of which is
attached.
t eful and conscientious consi eration of the entirz
cord, the Board found that the evidence submit 4
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.
The Board found it an immaterial error that the corrected ending
date of the first report at issue and the corrected beginning
date of the second report are the same date. In view of the
above, your application for relief beyond or other than 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
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
Executive Director
Enclosure
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