DEPARTMENT Sr THE NAM
HOobRM FOP CAPPECTION Oz wav dt RPFCORNS
701 58. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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4 December 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 L552 .
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.
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.
is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
e d reconsider its decision upon submission of new
the Board
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
Review Board (PERB), dated 14 March and 20 August 2014, copies
of which are attached, your letter dated 31 March 2014 with
enclosures and the Commander, Fourth Marine Aircraft Wing letter
dated 26 June 2013 with first endorsement.
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. Specifically concerning the contested report for 2
November 2007 to 30 September 2008, the Board did not interpret
the statement, in section I, that you were “Recommended for
promotion pending completion of the Sergeant’s Course” as
inflammatory or suggesting that completion of the course was a
prerequisite for promotion. 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 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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