DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
For Ss. COURTHOUSE ROAD, SUITE 100!
ARLINGTON, VA 22204-2490
JSR
Decket No: NR7876-14
21 August 2014
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 November 2006 to
25 April 2007 and your failure of selection by the Fiscal Year
2015 Major Selection Board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 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 25 June 2014, a copy of which is
attached.
aEter 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 concerning the contested fitness report. In
this connection, the Board substantially concurred with the
comments contained in the report of the PERB. Since the Board
found no defect in your performance record, it had no grounds
for removing your failure of selection for promotion. 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,
SS
ROBERT BD. ZSALMAN
Acting Executive Director
Enclosure
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