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BOARD FOR COPRECTION OF KIAVAL BECOMES
701 S&S, COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-24390
JSR
Docket No: NR9949-14
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pear captain
This is in reference to your application (DD Form 149) dated 9
June 2013 for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 January 2015. 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
reports of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 4 september and 17 December 2014,
copies of which are attached, your DD Form 149 dated 15 July
2014 with the attached brief of counsel, and your counsel’s
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 reports of the
PERB. The Board did not find it unjust that you received an
adverse fitness report before you learned of your medical
condition, as you have not established that you had a condition
that supported a waiver of weight or body fact standards. 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 in 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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NAVY | BCNR | CY2014 | NR10592 14
a three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2014. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR8338 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR5677 14
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. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR2716 14
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. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR9423 14
| A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2014. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR9785 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 2014. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2013 | NR8611 13
— Tt is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 2 June 2011 to 28 February 2012 by filing a Memorandum for the Record showing that section A, item 6.a (“Commendatory Material”) is marked, and including in section I (reporting senior’s “Directed and Additional Comments”) “Directed Comments: Item 6A: MRO [Marine reported on] was awarded a Meritorious Mast and two Letters of Appreciation during this reporting period.” A...
NAVY | BCNR | CY2014 | NR9352 14
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 5 August 2014, a copy of which is attached. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR9357 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your — application on 15 October 2014. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR4757 14
You requested removing the fitness report for 2 March to 30 June 2013. , Tt is noted that CMC has directed filing in your record copies of your four letters of appreciation (LOA’s) dated 20 April, 4 May, 5 June and 12 June 2013, and modifying the contested fitness report by marking section A, item 6.a (*Commendatory Material”) and adding to section I (reporting senior’s SPArecced: an@ Additional Comments”) ‘Directed Comment: received four LOA’s for volunteer community service.” A...