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NAVY | BCNR | CY2014 | NR4761 14
Original file (NR4761 14.pdf) Auto-classification: Denied
~ DEPARTMENT OF THE NAVY” 7-7

BOARD FOR CORRECTION OF NAVAL RECORDS
7OtT S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JSR

Docket No: NR4761-14
12 June 2014

Dear Staff sergeant Ay

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 reports for 28
April to 31 December 2011, 1 January to 8 April 2012, 9 April to
15 June 2012 and 16 June 2012 to 12 January 2013.

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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 June 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 (PERB), dated 9 April 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 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,

ede >,

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

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