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NAVY | BCNR | CY2014 | NR1714 14
Original file (NR1714 14.pdf) Auto-classification: Denied
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24396

 

JSR
Docket No: NRL71i4-14
2 QeTLoper 2u1l4

 

Dear Gunnery sergeant

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 July
2010 to 13 June 2011.

tt is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report by removing the
mark from section A, item S5.b (“Derogatory Material”).

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 October 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and: procedures applicabie to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with ail material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB), dated 4 February 2014 and 18
July 2014 as amended by the HOMC e-mail dated 5 August 2014,

copies of which are 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 reports of the
PERB, as amended. 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
igs 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’NEIERL
Executive Director

Enclosure

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