DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 S$, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR4748-14
1i September 2014
F
Dear Staff sergean (ie
This is in reference to your application for correction of your
naval record pursuant to tfie provisions of title 10 of the
United States Code, section 1552.
You initially requested completely removing the fitness reports
for 17 April to 7 July 2008, 7 July to 31 December 2008, 1
January to 23 March 2009 and 22 August 2009 to 20 January 2010.
By your fax of 8 May 2014, you amended your application to ,
request that the report for 17 April to 7 July 2008 be modified
by removing, from section I (reporting genior's “Directed and
ndditional Comments”), “He is capable of assuming a greater
leadership role with the section and greater levels of
performance ;" and that the report for 7 July to 31 December 2008
be modified by removing, from section I, “He adequately Manages
and performs the daily tasks required for a battalion level
S-1." and “He produces quality results under supervision of
senior SNco's ‘[staff noncommissioned officers] and commissioned
officers.”
It is noted that the Commandant of the Marine Corps (CMC) has
directed the requested modifications to the reports for 17 April
to 7 duly 2008 and 7 July 2008 to 31 December 2008.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on lt September 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
reports of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 2 April and 20 August 2014, copies of
which are attached, and your faxes of 2 May 2014 (supporting
statements) and 8 May 2014.
Atter caretui 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
dated 2 April 2004 in concluding that the contested fitness
reports for 1 January to 23 March 2009 and 22 August 2009 to 20
January 2010 should stand. The supporting statements with your
fax of 2 May 2014 did not persuade the Board that either of
these reports warranted removal. 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 1] UStASs..
Sincerely,
ROBERT J. O'NEILL
Executive Director
Enclosure
NAVY | BCNR | CY2014 | NR5198 14
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It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 July to 31 December 2008 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “I rank him 6 of 6 Staff Sergeants in the NROTC [Naval Reserve Officers’ Training Corps] program.” and further directed modifying the report for 1 January to 7 August 2009 by removing, from section I, “Promote behind peers. I rank him 6 of 6 Staff Sergeants in the...
NAVY | BCNR | CY2014 | NR5184 14
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NAVY | BCNR | CY2011 | 03147-11
Petitioner further requested removing the service record page 11 (“Administrative Remarks (1070)”) entry dated 19 March 2008, a copy of which is at Tab F. Finally, he requested setting aside the Commandant Of the Marine Corps (CMC)'s revocation dated 8 July 2008 of his selection by the Fiscal Year (FY) 2007 First Sergeant Selection Board and promoting him to first sergeant with the lineal precedence he would have had, but for the revocation. The PERB report at enclosure (2) stated that...
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You requested completely removing the fitness reports for 25 July 2003 to 4 January 2004 (extended from 31. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report ending 4 January 2004 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] continues to seek self-improvement and is developing into a well rounded administrator”; removing, from section K.4 (reviewing officer (RO)’s comments),...
NAVY | BCNR | CY2010 | 03374-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2010. 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 warranting removal of your failure of selection by the FY 2010 Captain Selection Board. Consequently, when applying for a correction of an official naval...
NAVY | BCNR | CY2009 | 12935-09
It ig noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 17 July 2007 to 31 May 2008 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “Able to complete tasks with supervision and or assistance.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2010. Documentary material considered by the Board consisted of your...
NAVY | BCNR | CY2014 | NR2802 14
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by removing, from section K.4 (reviewing officer's comments), “Once he deploys to Afghanistan, which should be soon...” RB three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 April 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support...
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