DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37Q~51OO

BJG
Docket No: 4951-06
30 October 2006

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 removing the NAVMC (Navy/Marine Corps) HQ [Headquarters]-335 (EF) routing sheet dated 25 November 1998 with enclosures.

It is noted that the Headquarters Marine Corps (HQMC) Management Support Branch ( SB) has agreed to amend the contested documentation by emoving all express references to the removed fitness report for 1 November 1996 to 1 January 1997. The references to be removed are those listed in the advisory opinion from the HQMC Manpower Information Operations, Manpower Management Information Systems Division (MIO) dated 11 August 2006, a copy of which is attached, and your statement, in your’ letter of 28 May 1998, “In the process of preventing a loss of life I got a terrible fitness report.”

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2006. 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 advisory opinion from MIO.

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 advisory opinion. Accordingly, your application for relief beyond that to be effected by MMSB 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 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,

W. DEAN PFEIFFER
Executive Director

Enclosure