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

					JSR
										Docket No. 10527-07
										17 January 2008

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 of record for 1 April 2004 to 18 February 2005 be removed and that a report for the same period included with your application be filed in its place.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2008. 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 19 November 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. Accordingly, 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 file in your record the fitness report included with your application, you may submit that report, together with the reviewing officer’s letter of 13 May 2006, 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,

								W. DEAN PFEIFFER
								Executive Director

Enclosure