DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
JSR
Docket No: NR2726-14
24 April 2014
Dear First Sergeant FT
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 12 May
to 22 July 2008.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing, From
Addendum Page 5 of 5 (third officer sighter’s comments), *I am
suspect [sic] that SNM [Subject named Marine] has learned from
the series of events in this report that led to his removal as
well as I sense his continued service is uncertain couple [sic]
with his promotion to the next grade may not be in the best .
interests of our Marine Corps."
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 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 Maperial considered by the Board consisted
of your applicat set, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. dln addition, the Board considered the
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 24 February 2014, a copy of which is
attached. The Board also considered the letter on your behalf
cron Qe 32¢°° 6 June 2013.
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 i of the PERB.
The Board found the letter from while
complimentary to you, did not refute the grounds for your relief
reflected in the contested fitness report. 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 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,
TVR DS. fo
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
rege ngmlees
NAVY | BCNR | CY2007 | 03863-07
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. The petitioner requests that the marks on his fitness report be adjusted higher than they are and the derogatory comments be removed.3. The Board also found that the petitioner fails to provide any substantive evidence that the reporting senior’s markings and comments are incorrect or anything other than an honest and...
NAVY | BCNR | CY2014 | NR13148 14
noted that the Commandant of the Marine Corps (CMC) has Girected modifying the contested report by removing, from section I (reporting senior’s “Directed and Additional comments”), “MRO [Marine reported on] requires supervision for daily tasks outside the norm and of a more complex nature." Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval recoré and applicable statutes, regulations and policies. ...
NAVY | BCNR | CY2010 | 00207-10
You requested completely removing the fitness report for 27 September 2006 to 31 May 2007. 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. 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 | 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 | CY2014 | NR10596 14
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...
NAVY | BCNR | CY2009 | 10766-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 6 August 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR2813 14
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”), “-SNM (Subject named Marine] execute supervision and follow up.” and “ direction.” A three-member panel Records, sitting in executive gession, considered your application on 24 April 2014. Documentary material considered by the Board consisted of your application, together with all material submitted...
NAVY | BCNR | CY2014 | NR5928 14
Documentary material considered by the Board consisted of your application, rogether with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 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...
NAVY | BCNR | CY2014 | NR2718 14
You requested completely removing the fitness reports for 23 June to 29 September 2011 and 1 January to 10 May 2012. It is noted that the Commandant of the Marine Corps {CMC} has directed removing the contested report for 1 January to 10 May 2012 and modifying the report for 23 June to 29 September 2011 by changing the entry in section A, item 3.a (“Occasion”) from “pc” (directed by CMC) to “CD” (change of duty); changing the entry in section A, item @.d (height in inches) from 70 to...
NAVY | BCNR | CY2014 | NR2724 14
You requested completely removing the fitness report for 2 June to 19 October 2012. , 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”), “After spending an extended period of time outside his primary MOS [military occupational specialty], SNM [Subject named Marine] worked diligently through the reporting period to regain his MOS proficiency and...