DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR5199-14
19 June 2014
Dear Captain aa
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.
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
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 17 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
concurre@ with the comments contained in the report of the PERB.
While the Board did not condone the late submission of the
contested fitness report, it was unable to find this invalidated
it. The Board was likewise unable to find the reporting senior
(RS) did not make his expectations and your duties and
responsibilities clear to you. The Board found that the
counseling you received amounted to the mentoring to which you
were entitled. The Board found it was not 4 material error that
the RS failed to provide a comment, in section I {(RS’s “Directed
and Additional Comments”), justifying the submission of an
observed report for a period of fewer than 90 days, or a comment
on operational risk management. Finally, the Board was unable
to find the RS made inappropriate comments on your personal
life.
In view of the above, your application 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,
De Sf
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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