DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
JSR
Docket No: NR&338-14
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 March 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 neval record and applicable statutes,
reguiations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps berformance Evaluation
Review Board (PERB), dated 7 July and 19 December 2014, copies
of which are attached, and your DD Forms 149 dated 7 October
2014 and 10 February 2015, each with attachments.
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. The Board found that paragraph 3004.10.c(4}
of Marine Corps Order P1610.7F mandates omitting the annual
fitness report when “It is known in advance another reporting
occasion [in this case, your transfer] will occur within 30 days
after the ending date for the report.” The Board recognized
that section I (reporting senior’s “Directed and Additional
Comments”) of the contested annual report for 1 June 2010 to 31
May 2011 refers to your “Completing three year command tour” and
section K.4 (reviewing officer's comments) says you were “In the
final days of a successful RS [recruiting station] commanding
officer assignment.” However, the Board particularly noted that
you have provided nothing from the reporting senior to verify
that he knew, as you assert he did, before he submitted the
annual report at issue, that your transfer date would be within
30 days after the end of the reporting period. Finally, the
Board was unable to find you were unjustly marked down for the
failures of the RS sergeant major. 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
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’NEILL
Executive Director
Enclosure
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