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Decision Text

NAVY | BCNR | CY2014 | NR10590 14
Original file (NR10590 14.pdf) Auto-classification: Denied
THF NAVY

NFPARTMFNT OF
N OF NAVAL RECORDS

BOARD FOR CORRECTIO

ARLINGTON, VA 22204-2490

 

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Dear ip

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 completely removing the fitness reports for 1
April to 30 November 2008 and 1 December 2008 to 1 March 2009

oO

 

It is noted that the Commandant of the Marine Corps (CMC) has
directed completely removing the contested report for 1 April to
30 November 2008 and modifying the report for 1 December 2008 to
1 March 2009 (by sana from section K.4 (reviewing officer's
comments), “[You] woul benetit + rom increasing [your] follow
through and mission erat ent

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 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 statute
——— and policies. In addition, the Board cauctiancd the
eport of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 16 September 2014, a copy of which is

attached

After careful and conscientious consideration of the entire
ec } t Le

insuffi nt to establish the existence of probab
error or injustice In this connection, the Board substantially
concurred with the comments contained in the report of the PERB.
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

hha t EaepRnsnn TR ANIA mmAt OA RaAlEAN vv 2 7
that favorable Getilon Ganmmet De Eaxem. = ou 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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