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Decision Text

NAVY | BCNR | CY2014 | NR10596 14
Original file (NR10596 14.pdf) Auto-classification: Denied
DEPARTMENT Or Tre WAYS
701 5S. COURTHOUSE ROAD. SUITE i001
ARLINGTON, VA 22204-2490

 

JSR
Docket No:

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Dear Gunnery Se can i

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 report for 1 April
to 20 June 2008.

It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing, from
section I (reporting senior’s “Directed and Additional
Comments”), “MRO [Marine reported on] being assigned to the BCP

[Body Composition Program]

“

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 consis

of your application, together with all material submitted ir
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 t
record, the Board found that the evidence submitted
e 1

d 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
The commanding officer's letter on your behalf to the Fiscal
Year 2014 First Sergeant/Master Sergeant Selection Board dated
22 October 2013 did not persuade the Board that the contested
fitness report, as modified, was not a fair and accurate
evaluation. 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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