JSR
Docket No. NR1703-14
10 April 2014
Dear Captain Sy
This is in reference to your letter dated 10 January 2013, seeking
reconsideration of your previous application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552. You again requested removing the fitness
report for 15 June to 23 September 2005. In your previous case,
docket number 10449-08, the Board denied this relief on 23 January
2009.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, reconsidered your case on 10 April
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, the Board’s file on your
prior case, your naval record and applicable statutes, regulations
and policies. The Board also considered the report of the
Headquarters Marine Corps Performance Evaluation Review Board {PERB)
dated 4 February 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. The new supporting statements
and medical information did not persuade the Board that the contested
fitness report was either factually inaccurate or unfair in the
evaluation of your performance. In view of the above, the Board
again voted to deny relief. The names and votes of the members of
the panel will be furnished upon request.
TIN
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 and material evidence
or other matter not previously considered by the Board. 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,
~~? DS TRL
ROBERT D-~ZSALMAN
Acting Executive Director
Enclosure
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