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NAVY | BCNR | CY2014 | NR9149 14
Original file (NR9149 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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fae oe he

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BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24290

 

JSR
Docket No: NR914$-14

15 October 2014

 

Dear Gunnery Sergeant zy

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 reports for 1 July 2010 to 16
May 2011 and 17 May to 16 September 2011. ° You also requested
removing, from your Official Military Personnel File {(OMPF) and
the Marine Corps Total Force System (MCTFS), all documents and
entries reflecting your nonjudicial punishment of 5 May 2011
that has been set aside by your commanding officer’s action of 8
April 2014.

Tt is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report for 1 July 2010
to-16 May 2011. You may submit your request for removing from
your OMPF all documents reflecting the set aside NJP to
Headquarters Marine Corps (HOMC) MMRP. You may submit your
request for removing from MCTFS all entries reflecting the NJP
to HOMC MIQ.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 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 HOMC Performance Evaluation Review Board (PERB),
dated 1 August 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.
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

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