SEPARTMENT OF THE NAVY
proR CORR CTION OF NAVAL RECORDS
COURTHOUSE ROAD, SUITE 191
ARLINGTON, VA 22204-2490
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DUAN
701 5
JSR
Docket No: NR9425-14
21 November 204.4
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Dear Chief Warrant OfFiLCer 2
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, gection 1552.
2B three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 November 2014 and completed its deliberations
on 21 November 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 (HOMC) Performance Evaluation
Review Board (PERB), dated 8 August 2014, and the advisory
opinion from HQMC dated 19 May 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 supporting statements you
provided did not persuade the Board that your relief for cause,
documented in the contested fitness report, was not warranted.
Since the Board found no defect in your performance record, it
had no basis to grant your request to remove your failure of
selection by the Fiscal Year 9014 Chief Warrant Officer 4
Selection Board. 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
Fxecutive Director
Enclosure
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