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NAVY | BCNR | CY2014 | NR5294 14
Original file (NR5294 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 7001
ARLINGTON, VA 22204-2430

JSR
Docket No: NR5294-14
5 June 2014

 

Dear Staff Sergeant ap

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 January to 10
May 2010. You also requested that enclosure (6) to your letter
of 2 February 2014 (documents showing your completion of
Domestic Violence Intervention Program Phases I and II) be
entered in your Official Military Personnel File. You may
submit the latter request to Headquarters Marine Corps (KOMC)
(MMRP}) .

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 June 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 HOMC Performance Evaluation Review Board (PERB) ,
dated 15 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
concurred with the comments contained in the report of the PERB.
The Board was unable to find you did not receive proper
counseling before 15 November 2012, noting that counseling takes
many forms, so the recipient may not recognize it as such when
it is provided. 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,

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

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