DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR5198-14
19 June 20134
Dear Staff Sergeant Fg
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 er the
United States Code, section 1552.
You requested removing the fitness reports for 1 January to 25
June 2007, 11 July to 31 December 2009 and 19 May to 31 December
2010.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 1 January to 25 June
2007 by removing, from section I (reporting senior’s “Directed
and Additional Comments”), “MRO [Marine reported on] is assigned
to the Body Composition Program.” and “SECT[ion] A, Item 5a:
MRO is currently assigned to the Body Composition Program." and
removing, from section K.4 (reviewing officer's comments), “RS
[reporting senior] is on the mark with regards to Body
Composition Program." ; and modifying the contested report for 193
May to 31 December 2010 by removing, from section I, "- Section
A, Item 5a: This is an adverse report due to MRO being assigned
to the Body Composition Program on 11 August 2010.” and
removing, from section K.4, *. SNM [Subject named Marine] was
recommentied for promotion but cannot be promoted while on the
Body Composition Program."
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 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
On/
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
three reports of the Headquarters Marine Corps (HQMC}
Performance Evaluation Review Board (PERB), one dated 15 April
2014 and two dated 17 April 2014, and the HQOMC e-mail dated 5
May 2014 (amending the PERB report dated 17 April 2014
concerning the contested fitness report for 1 January to 25 June
2007), copies of which are 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 reports of the PERB
as amended. 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 reguiarity 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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