BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204:2490
JSR
Docket No: NR9353-14
4k Ortahar BATA
PO lone
ao we ee te
Dear
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 completely removing the fitness report for 1
February to 31 August 2007 and modifying the report for 1
September to 31 December 2007 by removing, from section K.4
(reviewing officer’s comments), “Previously on the squadron's
BCP [Body Composition Program], MRO ‘Marine reported on] has
diligently worked to improve his physical fitness and meet the
Marine Corps standard.”
It ig noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 1 February to 31
August 2007 by removing, from section I (reporting senior’s
“Directed and Additional Comments”), “{You have] been assigned
to the Body Composition Program and [fhave] made progress by
passing an unofficial PFT [Physical Fitness Test}].” and
modifying as you requested the report for 1 September to 31
December 2007.
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 Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 5 August 2014, a copy o£ 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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