DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NRS207-14
18 September 2014
Dear Gunnery 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 removing the fitness report for 1 July to 15
October 2012 and the service record page 11 ("Administrative
Remarks (1070).”). entry dated 21 September 2012 with your
rebuttal dated 25 September 2012.
It is noted that the Commandant of the Marine Corps (CMC): has
directed modifying the contested fitness report by changing the
eriding date from 15 October 2012 to 21 September 2012.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your —
application on 18 September 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 (HOMC) Performance
Evaluation Review Board (PERB) dated 21 April 2014 and the
advisory opinion from HOMC dated 23 June 2014, 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 report of the PERB
and the advisory opinion. 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.
Tt 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 J. O'NEILL
Executive Director
Enclosure
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