DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 

NAW  ANNEX

WASHINGTON, D.C. 20370-5100

BJG
Docket No: 
6 May 1999

1105-99

USMCR

Dear Lieute

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10, United States Code, section 1552.

Your request to backdate the date of rank and effective date of your promotion to captain to
reflect selection by the Fiscal Year (FY) 1999 Captain Selection Board was not considered,
since it is premature, as you have been selected, but not yet promoted. Your request for a
special selection board was not considered, as you have been selected by the FY 2000
Captain Selection Board.

.’

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 5 May 1999. 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.
the Headquarters Marine Corps (HQMC) Performance Evaluation Review 
your case, dated 9 February 1999, and the advisory opinion from the HQMC Officer
Evaluation and Counseling Section, Officer Assignment Branch, Personnel Management
Division 
considered your rebuttal letter dated 29 March 1999 with enclosures.

In addition, the Board considered the report of
(PERB) in

Board 

(MMOA4), dated 15 March 1999, copies of which are attached. They also

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 in finding that your contested fitness report should stand. Since
they found no defect in your performance record, they had no basis to remove your failure by
the FY 1999 Captain Selection Board. 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.

As per your request, we are returning the original documents you submitted with your
application.

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

Enclosures

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1610
MMER/PERB
FEB  9  
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

1999

NAVAL RECORDS

Subj:

(PERB)
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF FIRST
LIEUTENA

USMC

Ref:

(a) 
(b) 

1stLt
MC0 P

DD Form 149 of 14 Jul 98

Per 

MC0 

1610.11B,  the Performance Evaluation Review Board,
1.
t, met on 4 February 1999 to consider
with three memb
etition contained in reference (a).
First Lieutenan
Removal of the fitness report for the period 950319 to 950915
(TR) was requested.
directive governing submission of the report.

Reference (b) is the performance evaluation

2.
The petitioner contends that he had no opportunity to append
a rebuttal to the report, thereby causing "competitive jeopardy."
To support this allegation,
statement wherein he references a  
Reporting Senior,
Lieutenant.

and a statement from the Adjutant (First

the petitioner provides his own

telephone,.conversation  with the

*

In its proceedings,

3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.

the PERB concluded that the report is

a.

Notwithstand'

the statements of both the petitioner and
there is no showing that the petitioner
tunity to append an official rebuttal to
When the petitioner acknowledged the adverse

First Lieutenan
was not afforde
the fitness report.
nature of the report via his signature in Item 24, he clearly
marked the box indicating he had no statement to make.
decision was his and his alone,
for that choice.

and he must accept responsibility

That

b.

The petitioner claims that since he did not sight the

Reviewing Officer's comments he was also somehow dealt an

The Board finds that to be seemingly ironic given the
comments are laudatory and mitigating

regarding the DUI.

All of the advocacy letters furnished with reference

.
Ere complimentary concerning the petitioner's current

They do not, however,

negate the events and

(a) 
performance.

c

Subj:

(PERB)
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF FIRST
LIEUTENA

USMC

 

circumstances documented in the challenged fitness report. In
this regard, the Board stresses that the DUI is an uncontroverted
matter of fact and not only documented in the fitness report, but
"C" portion of his Official Military Personnel File.
also in the

The Board's opinion,

4.
vote, is that the contested fitness report should remain a part
of First Lieutenant

based on deliberation and secret ballot

fficial  military record.

5.

The case is forwarded for final action.

Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22

 

134-5  103

IN 

R$F&~‘@FER  TO:
MMOA-4
15 Mar 99

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

FIRST LIEUTENAN

Subj:

Ref:

(a) MMER Reque
Lieutenant
of 12 Mar

Recommend disapproval of First Lieutenan

1.
removal of his failure of selection.

First

R

request for

He failed selection on the  

Per the reference, we reviewed First Lieutena

2.
and petition.
he unsuccessfully petitioned the
Selection Board.
Performance Evaluation Review Board (PERB) to remove the Transfer
fitness
Lieutena

50319-950915 from the record.
uests removal of his failure of selection.

FY99 USMC Captain

Subsequently,

First

record

In our opinion,

the petitioned report  

3.
significant jeopardy to the record due to the adverse nature of
the report.
contains the following areas of serious
may have contributed to his failure of selection.

Additionally, First Lieutena

,does present obvious

record
concern that

corn

Professional Military Education (PME)
not completed the requisite PME for his grade per  

First Lieutenant

MC0

.

P1553.4.

Value 

b.
& Distribution appears less competitive than his peers with
Value 
five officers ranked above him and two below.

First Lieutenan

& Distribution

.

overall

In summary, the petitioned report does present obvious

However, the lack of PME

and
to

4.
significant jeopardy to the record.
Value 
the record.
Lieutenan
selection.

& Distribution also present serious competitive concern

Therefore, we recommend disapproval of First

equest for removal of his failure of

Subj:

LIEUTEN

IRST 
MCR

S. Marine Corps

Major, U.
Head, Officer Evaluation and
Counseling Section
Officer Assignment Branch
Personnel Management Division