DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ,
JSR
Docket No: NR8278-14
7 August 2014
Dear Captai ge
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 19 September 2012
to 15 February 2013. If that action is not possible, you
requested amending your rebuttal statement and filing in your
record the official blotter report on the incident documented in
the contested fitness report.
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
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 Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 30 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 has been denied. The names and
votes of the members of the panel will be furnished upon
request.
You may submit your amended rebuttal statement, via the
reviewing officer and third sighting officer, and your request
for entering the blotter in your record to HOMC (MMRP).
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
.@ 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,
Re QD a
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure
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— Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 2 June 2011 to 28 February 2012 by filing a Memorandum for the Record showing that section A, item 6.a (“Commendatory Material”) is marked, and including in section I (reporting senior’s “Directed and Additional Comments”) “Directed Comments: Item 6A: MRO [Marine reported on] was awarded a Meritorious Mast and two Letters of Appreciation during this reporting period.” A...
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The page 11 entry was not considered, as the attached e-mail dated 28 October 2014 from Headquarters Marine Corps (HOMC) shows that neither the entry nor your rebuttal appears in your Official Military Personnel File. A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 20 November 2014. New evidence is evidence not previously considered by the Board prior to making its gecision in this case.
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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, W. DEAN PFEIFFER Executive Director Enclosure DEPARTMENT OF THE NAVY H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S 3280 RUSSELL R O A D Q U A N T I C O , V I R G I N I A 22 134-5 1 0 3 IN R E P L Y R E F E R TO: 1610 MMER/PERB MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR...
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