JSR
4 Docket No: NR4757-14
6 November 2014
“Dear Gunnery Sergeant 7
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 2 March to 30 June
2013. ,
Tt is noted that CMC has directed filing in your record copies
of your four letters of appreciation (LOA’s) dated 20 April, 4
May, 5 June and 12 June 2013, and modifying the contested
fitness report by marking section A, item 6.a (*Commendatory
Material”) and adding to section I (reporting senior’s SPArecced:
an@ Additional Comments”) ‘Directed Comment: received four
LOA’s for volunteer community service.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 November 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 9 April and 4 September 2014, copies
of which are attached, and your fax dated 11 April 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 comments contained in the reports 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
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. In this regard, it
is important to keep in mind that a presumption cf 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 J. O’ NEILL
Executive Director
Enclosure
NAVY | BCNR | CY2013 | NR8611 13
— Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 2 June 2011 to 28 February 2012 by filing a Memorandum for the Record showing that section A, item 6.a (“Commendatory Material”) is marked, and including in section I (reporting senior’s “Directed and Additional Comments”) “Directed Comments: Item 6A: MRO [Marine reported on] was awarded a Meritorious Mast and two Letters of Appreciation during this reporting period.” A...
NAVY | BCNR | CY2014 | NR9775 14
It is noted that the Commandant of the Marine Corps (CMC) has airected the requested change to the entry in section A, item 8.h of the report for 26 April to 30 June 2013. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2014. 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 | CY2013 | NR7160 13
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report by changing the beginning date from 1 April 2007 to 14 July 2007 (and filing an administrative filler for 1 April to 13 July 2007); removing, from section I (reporting senior's “Directed and Additional Comments”), “MRO [Marine reported on] is currently enrolled in the BCP [Body Composition Program] program." A three-member panel of the Board for Correction of Naval Records, sitting in...
NAVY | BCNR | CY2014 | NR5265 14
Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying section I (reporting senior’s “Directed and Additional Comments”) of the contested report for 30 September 2022 to 25 June 2013 by removing the word “capable” from the First sentence and in the fifth sentence, changing the comma after the word “complete” to a period and removing “MRO [Marine reported on] should attend MOS [military occupational specialty] school at first opportunity.” and modifying section...
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 | NR4759 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), “He executed his responsibilities competently when assigned.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2014. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB}, dated...
NAVY | BCNR | CY2014 | NR4761 14
It is noted that the Commandant of the Marine Corps (CMC) has Girected modifying the contested report for 28 April to 31 December 2011 by removing, from section K.4 (reviewing officer's (RO’s) comments), “MRO [Marine reported on] continues to develop and hone skills required to effectively support Special Operations Marines in combat operations.” and further directed removing the entire section K (RO’s marks and comments) from each of the other three reports at issue. A three-member panel...
NAVY | BCNR | CY2014 | NR10596 14
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”), “MRO [Marine reported on] being assigned to the BCP [Body Composition Program] “ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2014 Your allegations of error and injustice were reviewed in accordance with...
NAVY | BCNR | CY2014 | NR8728 14
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying section I of the fitness report for i November 2012 to 31 March 2013 as you requested. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2014. 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 | CY2014 | NR2726 14
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 found the letter from while complimentary to you, did not refute the grounds for your relief reflected in the contested fitness report. 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.