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NAVY | BCNR | CY2014 | NR9781 14
Original file (NR9781 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 100%
APBLINGTON, VA 22204-2490

 

JSR
Docket No: NR9781-14
30 October 2014

 

 

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 that the fitness report for 2 June 2012 to 20 June
2013 be modified, in accordance with the reporting senior’s
(RS's) letter dated 27 September 2013, by raising the marks in
sections E.3 (*Effectiveness-under Stress”), F.2 (“Developing
Subordinates”), F.3 (“Setting the Example”) and F.5
(“Communication Skills”) from “D” (fourth best of seven possible
marks) to “E” (third best) and lowering the mark in section F.4
(“Ensuring Well-being of Subordinates”) from “EB” to “Za”

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 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 20 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.
The Board recognized that the RS's letter was submitted less
than three months after the reporting period, but it was unable
to find the proposed revised marks were more fair and accurate
than the contested original marks. In this regard, the Board
particularly noted that you provided nothing from the reviewing
officer, who concurred with the original marks, to show that
officer supported the proposed revised marks. 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.

Although the Board voted not to modify the fitness report in
question, you may submit the RS's letter to future selection
boards.

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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