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NAVY | BCNR | CY2014 | NR5191 14
Original file (NR5191 14.pdf) Auto-classification: Denied
JSR
Docket No: NR5191-14
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Dear Master Sergeant iiigeaaeae

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.

R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 August 5014. 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 (HOMC) Performance
Evaluation Review Board (PERB), dated 17 April 2014, a copy of
which is attached. The Board also considered copies of the HOMC
memorandum dated 17 March 2010 directing removal of your fitness

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 PERS,
noting that the reporting senior who submitted the contested
fitness report is not the officer who submitted the report whose
removal PERB directed. Accordingly, your application has been
denied. The names and votes cof 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. ZSALMAN
Acting Executive Director

Enclosure

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