DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490
HD
Docket No: NR11236-14
29 January 2015
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
13 October 2000 to 18 April 2001.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by changing the mark in
section K.1 (reviewing officer’s (RO's) “Observation”) from
“Sufficient” to “Insufficient” and removing the marks in
sections K.2 (RO’s “Evaluation”) and K.3 (RO’s “Comparative
Assessment”) .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 January 2015. 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 30 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 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,
Po WHS
ROBERT J. O’NETLL
Executive Director
Enclosure
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You also requested completely removing the fitness report for 15 November 2004 to 30 May 2005 and modifying the report for 1 June to l September 2005 by removing the entire section K (RO marks and comments) or, if that modification is denied, raising the mark in section K.3. It is noted that the Commandant of the Marine Corps (CMC) has directed removing all the contested comments from sections I and K.4 of the report for 14 June to 3 August 2004; modifying the report for 15 November 2004 to...
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