DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR7243-14
7 August 2014
Dear sergeanty
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 April
to 25 June 2012.
It is note@ that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report by removing,
from section I (reporting senior’s “Directed and Additional
Comments”), “This has resulted in a 6105 entry for violation of
article 92 of the UCMT [Uniform Code of Military Justice] .";
removing, from section K.4 (reviewing officer's comments), “MRO
{Marine reported on] received a 6105 this period for cheating on
a Physical Fitness Test (PFT).”; and removing, from Addendum
Page 1 of 3, “Directed Comment, Sect[ion] A, Item 6b: MRO is
the subject of derogatory material per section 4003.6.b of the
PES [Performance Evaluation System] manual for receiving a 6105
entry.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 August 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 5 June 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 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 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,
hi SQ Cig Neem
ROBERT D. 4SALMAN
Acting Executive Director
Enclosure >
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"; removing, from the justification for the mark in section G.3, “MRO received a 6105"; removing, from section I (reporting senior’s “Directed and Additional Comments”), Sect[ion] A, Item 6b: MRO received a 6105 for an alcohol related incident that occurred on 8 Nov 2013.” and removing, from section k.4 (reviewing officer's comments), *,imdicated in the 6105 counseling,”. New evidence is evidence not previously considered by the Board prior to making its decision in this case. ...
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fitness report meets the criteria for derogatory material in Sect A, Item 6B and is rendered adverse IAW [in accordance with] MCO [Marine Corps Order] P1610.7F. In addition, the Board considered the report of the Headquarters Marine Corps (HQMC)} Performance Evaluation Review Board {PERB}), dated 31 March 2014 as amended by the HOMC e-mail dated 10 April 2014 with attachments, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden...
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