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NAVY | BCNR | CY2014 | NR8735 14
Original file (NR8735 14.pdf) Auto-classification: Denied
wet
POARD FOR CORRECTION OF NAVAL PECORDS
701 S, COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490

 

JSR
Docket No: NR8&735-14

2Z January 261

 

_ 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 2 November 2007 to
4 February 2008.

It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by changing the entry in

section K.2 (reviewing officer's ‘“Evaluation”) from “Do Not
Concur” to “Concur.”

4 three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 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
reports of the Headquarters Marine Corps Performance Evaluation

Review Board (PERB), dated 18 July and 24 November 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 thea
PERB. Accordingly, your application for relief beyond or other
than 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

 

—"

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