DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
			2 NAVY ANNEX
		    WASHINGTON DC 20370-51 00

BJG 
Docket No: 7208-06
22 September 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, in effect, that the fitness report for 2 September 1999 to 31 July 2000 be modified, in accordance with the reporting senio (ES) letter of 25 April 2006. by raising the marks in sections D.l (“Performance”) and D.2 (“Proficiency”) f on “E” (third best of seven possible marks) to “F” (second best); E.l (“Courage”), E.2 (“Effectiveness under Stress”) and E.3 (“Initiative”) from “D” (fourth best) to “F”; F.1 (“Leading Subordinates”) from “F” to “F”; F.2 (“Developing Subordinates”), F.3 (“Setting the Example”) and F.4 (“Ensuring Well-being of Subordinates”) from “D” to “E”; F.5 (“Communication Skills”) and 0.1 (“Professional Military Education”) from “E” to “F”; and 0.2 (“Decision Making Ability”) and H.1 (“Evaluations”) from “D” to “E.” You also requested that this report be further modified per the RS letter, by adding the justification offered for the changes to sections D.1, D.2, F.1, F.5 and 0.1. In addition, you requested that the fitness report for 11 June 2002 to 31 May 2003, submitted by a different RS, be modified, in accordance with the letter of 11 May 2006 from that RS, by raising the mark in section D.2 from “E” to “F”; raising the marks in sections E.1, F.2, F.3, F.4, F.5 and H.1 from “D” to “E”; and adding the justification provided for the change to section D.2.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 September 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 report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 8 August 2006, 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. In this connection, the Board substantially concurred with the comments contained in the report of the PERB. The Board was unable to find the justifications offered for specific changes to marks reflected information previously unknown to the RS concerned. 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.

Although the Board voted not to modify either of the fitness reports in question, you may submit the RS letters to future selection boards.

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