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POF NAVAL RECOBNS
Fur &. CUURTMOUSE RGAD, SUITE 1O0%
ARLINGTON, VA 22204-2490
JSR
Docket No: NR7é@84-14
8 Januarv 2OTS
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 20 September 2012
to 30 April 2013 and the service record page 11 (“Administrative
Remarks (1070)") counseling entry dated 12 April 2013 with your
rebuttal dated 19 April 2013.
Tt is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on § January 2015. 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 dated 18 June 2014, the e-mail from HOMC
dated 7 July 2014, and the advisory opinions from HOMC dated 2
September and 6 October 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 with respect tothe counseling entry at
issue. In this connection, the Board substantially concurred
with the comments contained in the advisory opinions.
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 evidence
within one year from the date of the Board’s decision. New
evidence is evidence not previously considered by the Board
prior to making its decision in this case. 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’NETLL
Executive Director
Enclosure
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