DEPARTMENT OF THE NAVY
pea ie oy Eee PUB oe ini WA re Ee E po rec
7015. COURTHOUSE ROAD, SUITE 71001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR5192-14
4 NatTream how SAS
Dear Staff sergean i
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 report for 1 July
to 14 November 2002. As a second choice, you requested
modifying the report by changing the rifle entry in section A,
item 8.a (“Qual [ification] ”) from ‘*U" (unqualified) to ws"
(sharpshooter) ; removing, from the justification for the marks
in sections G.2 and G.3, “MRO [Marine reported on) failed to
hieve the minimum standards with the M-16A2 service rifle on
Sept 02 and received an UNO."; and removing, from section I
reporting senior’s xpirected and Additional Comments”),
“. Section A, Item 8a: MRO did not qualify with the M-16A2
service rifle.”
—N
Ron
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by changing the entry in
section A, item 8.a from WT" to “NN” (not required) ; removing,
from the justification for the marks in sections G.2 and G.3,
“During this reporting period, MRO failed to achieve the minimum
standards with the M-16A2 service rifle on 20 Sept 02 and
received an UNO. MRO was given a second opportunity to rectify
his deficiencies with his service rifle. On his second attempt
to qualify with his service rifle,"; and removing, from section
I, “- Section A, Item ga: MRO did not gualify with the M-16A2
service rifle.”
a” three-member panel of the Board for Correction of Naval
nei ion, considered your
application on 13 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
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 12 September 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 or other than
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, Lt
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 J. O’NEILL
Executive Director
Enclosure
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