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amo FAPRECTION OF wii & 1 RFCORNS
701 Ss. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR10595-14
fi Tyearemher 720714
Dear captain
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 modifying the fitness report for 16 July 2012 to
31 May 2013 by making section K (reviewing officer's marks and
comments) “not observed.” You further requested removing your
failure of selection by the Fiscal Year 2015 Major Selection
Board.
It is noted that the Commandant of the Marine Corps (CMC) has
irected the requestea modification of the fitness report in
R 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 (HQMC) Performance
Evaluation Review Board (PERB), dated 20 August 2014, and the
advisory opinion from HOMC dated 11 September 4014, copies of
which are attached.
ter careful and conscientious consideration of the entire
cord, the Board found that the evidence submitted wa
ficient to establish the existence of probabl
error or injustice warranting removal of your failure of
selection for promotion. In this connection, the Board
substantially concurred with the comments contained in the
advisory opinion in concluding that your selection would have
been definitely unlikely, even if your record had reflected the
requested fitness report correction. 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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