DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

		BJG
Docket No: 4444-04
6 August 2004

This refers to your application dated 28 April 2004, seeking reconsideration of your previous application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. You again requested removal of the fitness report for 23 May 1999 to 16 May 2000. The Board denied your previous case, docket number 3726-02, on 1 August 2002. On 22 September 2003, the Board’s staff determined that your previous request for reconsideration, docket number 6962-03, did not warrant further review by the Board.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2004. 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 current application, together with all material submitted in support thereof, the Board’s files on your previous case and your previous reconsideration request, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the memorandum for the record dated 28 July 2004, 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. The letter of 12 December 2003 from a Marine Corps lieutenant colonel, the former Group Supply Officer, did not persuade the Board that the contested fitness report was unjust. In this regard, the Board was unable to find the reporting officials were unaware of pertinent mitigating circumstances. The Board noted the letter of 30 December 2003 from the Chief of Staff, while complimentary, did not pertain to the period in question. Finally, the Board found your favorable fitness report for 1 October 2003 to 9 January 2004 did not invalidate the contested report for a different period. In view of the above, the Board again voted to deny relief. 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 and material evidence or other matter not previously considered by the Board. 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,

Enclosure
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