DEPARTMENT OF THE NAVY
-BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA'22204-2490
JSR
Docket No: NR7247-14
7 August 2014
Dear Sergean i ee
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 31
March to 10 August 2012.
It is noted that the Commandant of the Marine Corps {CMC) has
directed modifying the contested fitness report by marking
section A, item 5.b (“Not Observed”); changing the mark in
section A, item 7 (*Recommended for Promotion”) from item 7.6
(“No”) to item 7.c (“N/A [not applicable]”); removing section C
(“Billet Accomplishments”) ; removing pages 2 through 4; changing
the mark in section K.1 (reviewing officer’s (RO's)
“Observation”}) from “Sufficient” to “tnsufficient”; removing the
mark from section K.2 (RO’s “Rvaluation”); removing the mark
from section K.3 (RO's “Comparative Assessment"); and modifying .
Addendum Page 1 of 4 by removing, from the Directed Comment on
section A, item 5.a, “and for his score of ‘A’ in section G,
Item 3” so that it will read “Directed Comment: Sectfion] A,
Ttem 5a: This report is adverse due to derogatory material."
and by removing “Directed Comment, Sectfion] A, Item Tb:
recommend that the MRO [Marine reported on] not be considered
for promotion with his contemporaries.”
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 (HOMC) Performance
Evaluation Review Board (PERB), dated 5 June 2014, as amended by
the HQOMC e-mail dated 6 August 2014 with attachment, 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
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 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,
pS. fo—
ROBERT D.~%ZSALMAN
Acting Executive Director
Enclosure
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