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

JSR
Docket No. 08405-07
8 November 2007

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 13 September 2003 to 16 February 2004 be modified by changing it to a “not observed” report and changing the ending date to 19 December 2003; and that the fitness report for 17 February to 10 Nay 2004 be modified by changing the beginning date to 20 December 2003 or, in the alternative, that a “not observed” report be inserted in your record to prevent a date gap. Finally, you requested that both reports be modified further by removing section K (reviewing officer’s marks and comments)

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 2007. 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 7 September 2007, 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 PERE. Concerning the fitness report for 13 September 2003 to 16 February 2004, the Board was unable to find the reporting senior lacked sufficient observation of your performance to submit an observed report, noting observation need not be direct. The Board found the comments in the PERB report about section K of the fitness report for 1 September 2003 to 16 February 2004 equally applicable to section K of the report for 17 February to 10 May 2004. 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 that favorable action can the Board reconsider its material evidence or on the the Board. In this regard a presumption of regularity Consequently, when applying naval record, the burden existence of probable matter circumstances of your case are such not be taken. You are entitled to have decision upon submission of new and r matter not previously considered by, it is important to keep in mind that  attaches to all official records.  for a correction of an official is on the applicant to demonstrate the trial error or injustice.
Sincerely,

W.	DEAN PFIEFFER
Executive Director
Enclosure