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NAVY | BCNR | CY2014 | NR9146 14
Original file (NR9146 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Foi S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24396

 

JSR
Docket No: NR9146-14

* he ma “yay ot
2: October 2614

 

  

Dear Staff Sergeant

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 January to 190
May 2008.

It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report by marking
section A, item 6.a (*Commendatory Material”) and adding, to
section I (reporting senior’s “Directed and Additional
Comments”), "Directed Comment: MRO [Marine reported on]
received a Meritorious Mast on 24 April 2008.”

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
report of the Headquarters Marine Corps Performance Evaluation
Review Board {PERB), dated 18 July 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,
except that the Board found the reporting senior was aware of
your Meritorious Mast and intended to mark item 6.a accordingly,
as he included the following in section I: “Sect[ion] A, Item
6a: MRO received a Meritorious Mast for superior performance of
duties as Administrative SNCOIC [staff noncommissioned officer-
in-charge] during the Detachment’s most recent semi-annual
inspection in March of 2008.” In view of the above, 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'NETLL
Executive Director

Enclosure

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