D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1309-99
4 June 1999
Dear co1-
.
.
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 3 June 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. In addition, the Board considered the advisory
opinion furnished by Headquarters Marine Corps, dated 16 April 1999, 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.
You contend that had you been advised that your submitting a rebuttal to your fitness report
for 1 October 1987 to 6 June 1988 would cause your report to be marked by an asterisk on
your Master Brief Sheet (MBS), you would not have made a rebuttal. You further contend
that the asterisk, which indicates a fitness report was referred to the Marine concerned for a
chance to make a statement, contributed to your failures by the Fiscal Year (FY) 1997 and
1998 Lieutenant Colonel Selection Boards. They did not agree that the asterisk harmed your
chances for promotion. In this regard, they particularly noted that the asterisk did nothing to
change the contents of your report to which it related. While they recognized that the asterisk
may well have drawn attention to this report, they further observed that the low marks in the
report would have caused it to stand out on your MBS in any event. Since they found an
insufficient basis to remove your failures of selection for promotion, they found no grounds to
change your lieutenant colonel date of rank and effective date to reflect your selection by the
FY 1997 promotion 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.
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
DEPARTMENT OF T H E NAVY
HEADQUARTERS U N I T E D STATES M A R I N E CORPS
3 2 8 0 R U S S E L L ROAD
QUANTICO, VIRGINIA 2 2 1 3 4 - 5 103
IN R E P L Y REFER TO:
1 6 0 0
MMOA- 4
16 Apr 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR PETITION FOR LIEUTENANT COLONE
-SMC
Ref:
the case of
3
-
1. Recommend disapproval of Lieutenant Colone
petition to backdate his date of rank to 1 i e u t . l .
2. Per the reference, we reviewed Lieutenant Colone
record and petition. He failed selection on the FY97 and FY98
USMC Lieutenant Colonel Selection Boards. Subsequently, he was
selected for lieutenant colonel on the FY99 USMC Lieutenant
Colonel Selection Board from above the primary zone without
altering the record. He requests backdating of his date of rank
to lieutenant colonel.
3. In our opinion, all three boards were able to review and
evaluate Lieutenant colone-
it was the best and most fully qualified in relation to the other
records considered by that particular board. Furthermore, being
selected by the FY99 Board from above the primary zone does not
imply that he did not receive a complete and fair evaluation by
the FY97 and FY98 Boards. Therefore, we believe Lieutenant
Colonel-
disapproval of his petition to backdate his date of rank to
lieutenant colonel.
r-.tition is without merit and r ~ - ~ n n ~ r ^ 1
record and decide whether
4. Point of contact is Major
Colonel, U. S. Marine Corps
Head, Officer Assignment Branch
Personnel Management Division
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