JSR
Docket No: NR9944-14
6 November 2014
Dear Staff sergec iii
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 5 June
to 13 November 2013.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing the mark
from section A, item 6.b (“Derogatory Material”); removing, from
the justification fox the mark in section F.3, “F.3. MRO [Marine
reported on] received a 6105 on 13 Nov 2013 for an alcohol
related incident that occurred on § Nov 2013."; removing, from
the justification for the mark in section G.3, “MRO received a
6105"; removing, from section I (reporting senior’s “Directed
and Additional Comments”), Sect[ion] A, Item 6b: MRO received a
6105 for an alcohol related incident that occurred on 8 Nov
2013.” and removing, from section k.4 (reviewing officer's
comments), *,imdicated in the 6105 counseling,”.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 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 Performance Evaluation
Review Board (PERB), dated 4. September 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
exror ox 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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