DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR3238-14
15 May 2014
Dear Gunnery Sergeant sy
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 May 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, 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 (PERE), dated 12 March 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 i he report of the PERB.
The Board duly noted Captain comments, in your
uncontested fitness report for 1 July 2011 to 30 June 1012, to
the effect that the contested report should be disregarded, as
the reporting senior told him he was unaware he had ranked you
at the bottom of his reporting profile. The Board observed you
have provided nothing from the reporting senior himself
acknowledging he was unaware of how the contested report appears
in his profile; and the Board found that in any event, his not
having known that, by itself, would not support removing the
report. In view of the above, your application 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,
© ene SS
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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