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NAVY | BCNR | CY2014 | NR2726 14
Original file (NR2726 14.pdf) Auto-classification: Denied
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

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