DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 100!
ARLINGTON, VA 22204-2490
JSR
Docket No: NR4255-14
29 May 2014
Dear Master Sergeant sa
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
October to 20 December 2011.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing the mark
from section A, item 6.b (“Derogatory Material”); removing, from
section I (reporting senior’s “Directed and Additional
Comments”), “Sect [ion] A, Item 5A: This. fitness report meets
the criteria for derogatory material in Sect A, Item 6B and is
rendered adverse IAW [in accordance with] MCO [Marine Corps
Order] P1610.7F. Sect A, Item 6B: MRO [Marine reported on]
received 6105 counseling for demonstrating poor judgment, lack
of leadership, and failing to set an example as a SNCO [staff
noncommissioned officer]. This matter is acknowledged by MRO as
evidenced by a signed 6105 from the Bn [Battalion] CO
[Commanding Officer].”; and removing, from Addendum Page 2 of 4,
“TYour)] 6105 was warranted, rendering this report adverse in
accordance with MCO 1610.7F Performance Evaluation System.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 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 (HQMC)} Performance
Evaluation Review Board {PERB}), dated 31 March 2014 as amended
by the HOMC e-mail dated 10 April 2014 with attachments, 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 report of the PERB.
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 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,
See
ROBERT D, ZSALMAN
Acting Executive Director
Enclosure
NAVY | BCNR | CY2014 | NR9944 14
"; removing, from the justification for the mark in section G.3, “MRO received a 6105"; removing, from section I (reporting senior’s “Directed and Additional Comments”), Sect[ion] A, Item 6b: MRO received a 6105 for an alcohol related incident that occurred on 8 Nov 2013.” and removing, from section k.4 (reviewing officer's comments), *,imdicated in the 6105 counseling,”. New evidence is evidence not previously considered by the Board prior to making its decision in this case. ...
NAVY | BCNR | CY2014 | NR7243 14
You requested completely removing the fitness report for 1 April to 25 June 2012. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 5 June 2014, a copy of which is attached. 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 | CY2009 | 12295-09
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by removing the mark from section A, item 6.b (“Marine Subject Of: Derogatory Material”); removing, from section I (RS’s “Directed and Additional Comments”), “Derogatory: Directed Comment, Sect[ion] A, Item 6b: MRO [Marine reported on] has a page ll entry for being arrested and conduct not in keeping with standards expected for an NCO [noncommissioned officer].”; and removing, from your...
NAVY | BCNR | CY2008 | 11633-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 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 | 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 | NR12997 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2015. 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. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
NAVY | BCNR | CY2015 | NR1053 15
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 3 February 2015, 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...
NAVY | BCNR | CY2010 | 08027-10
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”), “SECT[ion] A, Item 5a- MRO [Marine reported on] was assigned to the BCP [Body Composition Program] during this reporting period for being outside of Marine Corps physical fitness and weight standards. Documentary material considered by the Board consisted of your application, together with all...
NAVY | BCNR | CY2009 | 03521-09
However, in only 60 days since the end of his last reporting period, I cannot say that he has moved up in his peer ranking.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB) dated 1 April 2009, a copy of which is attached. Removal of the fitness reports for the periods 19990101...
NAVY | BCNR | CY2009 | 00839-09
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 10 January to 28 February 2006 by restoring the mark in section A, item 6.b (“Derogatory Material”) whose removal CMC had directed in your previous case, docket number 5661-08; removing, from the section D.1 (“Performance”) justification, “MRO [Marine reported on] was relieved of duties for violating Depot Order P1510.30L on three separate occasions.” and “because on another...