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PENTES, POAPRD FOR CORRECTION OF NAVAL RECORDS
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22 January 2015
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 completely removing the fitness report for 4 April
to 31 August 2011.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by changing the enury in
section A, item 3.c (“Type”) from "N” (normal peacetime
reporting) to “A (academic and training duty); and in section I
{reporting senior's “Directed and Additional Comments”),
removing the first sentence ("Reporting occasion is DC (directed
by CMC] due to MRO [Marine reported on]‘s failure of a formal
school.”), entering “and 5a ["Adverse”] in the first “- Directed
Comments” (so it will read “SECT [Section] A, Item 3a
[“Occasion”] and 5a; FFPB [Field Flight Performance Board] /FSSB
[Flight Status Selection Board] which resulted in revocation of
flight orders on 30 Aug 11.”) and removing the second
“- Directed Comments" (SECT A, Item 5a: Report is adverse due
to MRO’‘s failure of a formal school.”).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 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 24 November 2014, a copy of which is
attached. The Board also considered your letter dated 15 January
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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,
ROBERT J. O* NEILL
Executive Director
Enclosure
NAVY | BCNR | CY2010 | 08027-10
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”), “SECT[ion] A, Item 5a- MRO [Marine reported on] was assigned to the BCP [Body Composition Program] during this reporting period for being outside of Marine Corps physical fitness and weight standards. Documentary material considered by the Board consisted of your application, together with all...
NAVY | BCNR | CY2014 | NR4255 14
fitness report meets the criteria for derogatory material in Sect A, Item 6B and is rendered adverse IAW [in accordance with] MCO [Marine Corps Order] P1610.7F. In addition, the Board considered the report of the Headquarters Marine Corps (HQMC)} Performance Evaluation Review Board {PERB}), dated 31 March 2014 as amended by the HOMC e-mail dated 10 April 2014 with attachments, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2014 | NR5198 14
You requested removing the fitness reports for 1 January to 25 June 2007, 11 July to 31 December 2009 and 19 May to 31 December 2010. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 January to 25 June 2007 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] is assigned to the Body Composition Program.” and “SECT[ion] A, Item 5a: MRO is currently assigned to the Body...
NAVY | BCNR | CY2015 | NR1053 15
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 3 February 2015, 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...
NAVY | BCNR | CY2009 | 00839-09
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 10 January to 28 February 2006 by restoring the mark in section A, item 6.b (“Derogatory Material”) whose removal CMC had directed in your previous case, docket number 5661-08; removing, from the section D.1 (“Performance”) justification, “MRO [Marine reported on] was relieved of duties for violating Depot Order P1510.30L on three separate occasions.” and “because on another...
NAVY | BCNR | CY2008 | 07860-08
It is further noted that the Commandant of the Marine Corps (CMC) has directed modifying the report by removing, from section I (reporting senior (RS) “Directed and Additional Comments”) “DIRECTED COMMENT -—- SECT A, ITEM 7b: I recommend that the MRO [Marine reported on] not be promoted with contemporaries.” And completely removing section K (reviewing officer (RO) marks and comments). A three-member panel of the Board for Correction of Naval Records, sitting in executive session,...
NAVY | BCNR | CY2009 | 03192-09
You requested completely removing the fitness report for 1 June 2005 to 31 March 2006. In addition, the Board considered the reports of the Headquarters Marine Corps (HOMC) Performance Evaluation Review Board (PERB), dated 18 March and 2 April 2009, copies of which are attached. 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.
NAVY | BCNR | CY2014 | NR7247 14
and by removing “Directed Comment, Sectfion] A, Item Tb: recommend that the MRO [Marine reported on] not be considered for promotion with his contemporaries.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 August 2014. 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...
NAVY | BCNR | CY2009 | 12181-09
Specifically, cmc has directed removing, from section I (reporting senior's “Directed and Additional Comments”), “Directed Comment, Sect [ion] A, 8F: MRO [Marine reported on] was assigned to the Body Composition Program (BCP) during this reporting period.” and from section K.4 (reviewing officer’s comments), “due to her assignment to BCP.” By electronic mail dated 10 March 2010, a copy of which is attached, the staff of the Board for Correction of Naval Records (BCNR) advised Headquarters...
NAVY | BCNR | CY2009 | 03521-09
However, in only 60 days since the end of his last reporting period, I cannot say that he has moved up in his peer ranking.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB) dated 1 April 2009, a copy of which is attached. Removal of the fitness reports for the periods 19990101...