DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Fo. Ss. COURTHOUSE ROAD. SUITE 10C1
ARLINGTON, VA 22204-24990
JSR
Docket No: NR4746-14
14 August 2014
Dear Master Sergean
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 removing the fitness report for 1 duly 2011 to 6
February 2012 and the service record page 11 (“Administrative Remarks
(1070}") entry dated 3 February 2012 with your rebuttal dated 29
February 2012.
It is noted that the Commandant of the Marine Corps (CMC) has directed
removing the contested fitness report.
A three-member panel of ‘the Board for Correction of Naval Records,
sitting in executive session, considered your application on
14 August 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 and
applicable statutes, regulations and policies, In addition, the
Board considered the report of the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board dated 2 April 2014, the e-mail
from HQMC dated 17 April 2014, and the advisory opinion furnished
by HOMC dated 8 May 2014, copies of which are attached, and your letter
dated 1 July 2014.
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 advisory
opinion. The Board found the letter on your behalf from the
reporting senior, dated 4 October 2013, supported removing the
contested fitness report, but not the page 11 entry at issue. The
Board found the entry, while not detailed, was sufficiently specific
to put you on notice of the reason you were relieved. The Board was
unable to find this entry was issued in reprisal for your inspector
generai complaint about what you considered to be a hostile working
environment. 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,
ROBERT D. 4Z4SALMAN
Acting Executive Director
Enclosure
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