DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

JSR
Docket No. 10533-07
25 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 removing the fitness reports for 1 December 2004 to 31 March 2005 and 1 August 2005 to 31 March 2006.

It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested report for 1 December 2004 to 31 March 2005 and modifying the report for 1 August 2005 to 31 March 2006 by removing, from sections F (Leadership) and I (reporting senior’s “Directed and Additional Comments’) “[You are] assigned to the Body Composition Program [BCP] due to.”

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, Considered your application on 25 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 reports of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB), dated 16 and 19 November 2007 and 15 January 2008, copies of which are 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 dated 19 November 2007, except to note the reviewing officer did not mention that you had been assigned to the BCP. Accordingly, your application for relief beyond that effected by CMC 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 PFIEFFER
								Executive Director

Enclosure