DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 5673-16 
FEB 15 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of Title l 0, United States Code, Section 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 December 2016. The names and votes of the members of the panel will be furnished upon request. 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. 

ln regard to your request for a personal appearance, be advised that Board regulations state personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board detemuned that a personal appearance was not necessary and considered your case based on the evidence ofthe record. 
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. ln this regard, the Board was not persuaded by the available evidence that your failure of selection was a result of the waivers you received during deployment. Additionally, it was the Board's opinion that your concern with these waivers not being reflected on your fitness report should have been addressed to the Headquarters Marine Corps Performance Evaluation Review Board (HQMC/PERB) for consideration, but noted that on 28 November 2016, you advised BCNR that you did not intend to pursue this issue at this time and that your failure of selection was your only concern. Accordingly, your application has been denied. 

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 
matters not previously considered by the Board within one year from the date of the Board's decision. In this regard, it is important to keep in mind that a preswnption 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, 

Executive Director