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Decision Text

NAVY | BCNR | CY2014 | NR9787 14
Original file (NR9787 14.pdf) Auto-classification: Denied
r correction of your

jon fo

to your applicat
ns of title 10 of the

t to the provisio
section 1552.

: . : XN
This is in reference
naval record pursuan
United States code,

el] of: the Board for Correction oO

n executive session, considered your
Your allegations of error and

application on 2 March 2015.

injustice were reviewed in accordance with administrative
reguiations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted

of your application, together wi iat submitted in

nz three-member pan
Records, sitting i

th all materi
licable statutes,

support =hereot, your naval record and appl
regulations ang policies. if adgicion, the Boars nonsideres The
Waring Corpse periormance Evzeluelior

wepsre o= “ene Heacguerst-
Review Board (PERE), dated zo Augus- 2614, 8 TOpyY of wrick i5

attached.

a found that the ev
lish the existence of probable material

insufficient to estab
error or injustice. Jn this connection, the Board substantially
curred with the co ‘ned in the report of the PERB.
The supporting statements “you provided did not. persuade the
Board that the contested fitness report was not a fair and
accurate evaluation of your performance. in this regard, the
Board observed that you do not object to the reviewing officer
portion of the report at issue, where your comparison with peers
js reflected. Further, the Board particularly noted that you
ing senior

have provided nothing showing that either the reporti
or the reviewing officer has acknowledged that the two-tiered

evaluation system, to which you and the statement dated 1 May

 

 

—
a he all ee
2014 from Captain i -, USMC refer, was applied in
preparing your fitness report. Since the Board found
insufficient basis to correct your fitness report record, it had
no grounds to remove either of your failures of selection by the
Fiscal Year 2015 and 2016 Lieutenant Colonel Selection Boards.
In view of the above, your application has been denied. The
names and votes of the members of the panel will be turnished

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

 

A
ee A SE

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