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NAVY | BCNR | CY2014 | NR8731 14
Original file (NR8731 14.pdf) Auto-classification: Denied
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ARLINGTON, VA 22204-2490

JSR
Docket No: NR873i1-14

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Dear Staff Sergea
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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 8 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 che Boargé 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 (PERB), dated 18 July 2014, and the
advisory opinion from HOMC dated 14 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. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB
and the advisory opinion. The Board was unable to find that
either the contested fitness report or counseling entry was in
reprisal for your equal opportunity complaints or your request
masts. 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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