BOARD FOR CORRECTION OF NAVAL RECO
9761'S -COURTHOUSE ROAD SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR&728-14
2 October 2014
Dear Sergeant ly
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 that the fitness report for 1 November 2012 to 31
March 2013 be modified by removing, from section I {reporting
senior'’s “Directed and Additional Comments”), “when ready” and
removing, from section K.4 (reviewing officer's comments), “MRO
[Marine reported on] has high potential for continued service as
an NCO [noncommissioned officer] and eventual promotion.” You
further requested that the fitness report for 1 April tol
November 2013 be modified by removing, from section K.4, “MRO
has high potential for continued service as an NCO and SNCO
[staff noncommissioned officer} ."
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying section I of the fitness report for i
November 2012 to 31 March 2013 as you requested.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 October 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
two reports of the Headquarters Marine Corps Performance
Evaluation Review Board (PERB), each dated 18 July 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. In this connection, the Board substantially
concurred with the comments contained in the reports of the
PERBy duly noting the e-mail dated 27 February 2014 from the
reviewing officer supporting your request to remove a comment
from section K.4 of the fitness report for 1 April to 1 November
2013. 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'NEILL
Executive Director
Enclosure
NAVY | BCNR | CY2014 | NR5265 14
Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying section I (reporting senior’s “Directed and Additional Comments”) of the contested report for 30 September 2022 to 25 June 2013 by removing the word “capable” from the First sentence and in the fifth sentence, changing the comma after the word “complete” to a period and removing “MRO [Marine reported on] should attend MOS [military occupational specialty] school at first opportunity.” and modifying section...
NAVY | BCNR | CY2014 | NR9944 14
"; removing, from the justification for the mark in section G.3, “MRO received a 6105"; removing, from section I (reporting senior’s “Directed and Additional Comments”), Sect[ion] A, Item 6b: MRO received a 6105 for an alcohol related incident that occurred on 8 Nov 2013.” and removing, from section k.4 (reviewing officer's comments), *,imdicated in the 6105 counseling,”. New evidence is evidence not previously considered by the Board prior to making its decision in this case. ...
NAVY | BCNR | CY2014 | NR4761 14
It is noted that the Commandant of the Marine Corps (CMC) has Girected modifying the contested report for 28 April to 31 December 2011 by removing, from section K.4 (reviewing officer's (RO’s) comments), “MRO [Marine reported on] continues to develop and hone skills required to effectively support Special Operations Marines in combat operations.” and further directed removing the entire section K (RO’s marks and comments) from each of the other three reports at issue. A three-member panel...
NAVY | BCNR | CY2014 | NR7243 14
You requested completely removing the fitness report for 1 April to 25 June 2012. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 5 June 2014, a copy of which is attached. 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.
NAVY | BCNR | CY2014 | NR7247 14
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. 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...
NAVY | BCNR | CY2014 | NR5198 14
You requested removing the fitness reports for 1 January to 25 June 2007, 11 July to 31 December 2009 and 19 May to 31 December 2010. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 1 January to 25 June 2007 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] is assigned to the Body Composition Program.” and “SECT[ion] A, Item 5a: MRO is currently assigned to the Body...
NAVY | BCNR | CY2008 | 10450-08
You requested removing the fitness reports for 19 November 2002 to 1 August 2003 and 2 August to 31 December 2003. It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested report for 2 August to 31 December 2003 by removing, from section I (reporting senior’s “Directed and Additional Comments”), “MRO [Marine reported on] is beginning to improve as a career planner through assistance by senior SNCOs [staff noncommissioned officers] in the battalion. ...
NAVY | BCNR | CY2012 | 09754 12
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying all four contested fitness reports, as follows: 1 August to 31 December 2009: From section I (reporting senior’s “Directed and Additional Comments”), remove “I fully expect MRO [Marine reported on] to continue making improvements and if he does” and “with his peers.” 26 June to 6 December 2010: From section K.4 (reviewing officer’s comments), remove “As a Sergeant of Marines MRO is still developing his...
NAVY | BCNR | CY2013 | NR8611 13
— 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...
NAVY | BCNR | CY2014 | NR13148 14
noted that the Commandant of the Marine Corps (CMC) has Girected modifying the contested report by removing, from section I (reporting senior’s “Directed and Additional comments”), “MRO [Marine reported on] requires supervision for daily tasks outside the norm and of a more complex nature." Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval recoré and applicable statutes, regulations and policies. ...