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 NAW ANNEX 

WASHINGTON DC  20370-5100 

BJG 
Docket No:  2790-99 
4 June  1999 

Dear  ~ i e u t e n a r l f l l l l ,  

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. 

It is noted  that the Commandant of  the Marine Corps (CMC) has removed  your contested 
fitness report for  1 July to 3 1 December  1997. 

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 report of 
the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board  (PERB), 
dated 26 April  1999 with enclosure, and the advisory opinion from the HQMC Officer Career 
Counseling and  Evaluation Section, Officer Assignment Branch, Personnel Management 
Division  (MMOAQ),  dated 23 April  1999, 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 advisory opinion from MMOA-4 in  finding that your  failure by  the Fiscal Year  (FY) 
1999 Captain Selection Board  should  stand.  They  found the advisory opinion equally 
applicable to your  failure by  the FY 2000 Captain Selection Board.  Since the Board  found 
insufficient basis to remove your  failures of selection for promotion, they  had  not grounds to 
set aside action to effect your  involuntary release from active duty.  In  view of  the above, 
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 PFEIFFER 
Executive Director 

Enclosures 

DEPARTMENT OF THE  NAVY 

H, 

,QUARTERS  U N I T E D  STATES  M A R I N E  CORPS 

3280 R U S S E L L  ROAD 

QUANTICO, V I R G I N I A   22 134-5 103 

I N f r t b R E F E R   TO: 

MMER 
26 Apr 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subi:  BCNR APPLICATION IN THE CASE OF FIRST L I E U T E N A ~ .  

Encl:  (1) Copy of CMC ltr 1610 MMER/PERB of 22 Apr 99 

(2) CMC Advisory Opinion 1600 MMOA-4 OF 23 Apr 99 

1.  As evidenced by enclosure  (I), PERB removed from First 
Lieutenant 
for the p e r m 1  to 971231 (TR). 

official military record, the fitness report 

2.  We defer to BCNR on the issue of First ~ieutena- 
request for the removal of his failure of selection to the grade 
of Captain.  Enclosure  (2) is furnished to assist in resolving 
that matter. 

s 

Head, performance-  valuation 
Review Branch 
Personnel Management Division 
Manpower and Reserve Affairs 
Department 
By direction of the Commandant 
of the Marine Corps 

Subj:  CORRECTION OF NAVAL RECORD 

Ref:  (a) MCO 1610.11C 

1.  Per the reference, the Performance Evaluation Review Board 
has reviewed allegations of error and injustice in your Naval 
record.  Having reviewed all the facts of record, the Board has 
directed that your Naval record will be corrected by removing 
therefrom the following fitness report: 

Date of Report 

Reportinu Senior 

Period of Re~ort 

6 Jan 98 

970701 to 971231 (TR) 

2 .   There will be inserted in your Naval record a memorandum in 
place of the removed report.  The memorandum will contain 
appropriate identifying data concerning the report and state that 
it has been removed by direction of the Commandant of the Marine 
Corps and cannot be made available in any form to selection 
boards and reviewing authorities.  It will also state that such 
boards may not conjecture or draw any inference as to the nature 
of the report or the events which may have precipitated it, 
unless such events are otherwise properly a part of the official 
record.  The Automated Fitness Report System (the data base which 
generates your Master Brief Sheet) will be corrected accordingly. 

DEPARTMENT OF THE  NAVY 

H,  JQUARTERS  U N I T E D  STATES  MARINE CORPS 

3280 R U S S E L L  ROAD 

QUANTICO, VIRGINIA 22 1 3 4 - 5  1 0 3  

IN REPLY REFER TO: 

1610 
MMOA- 4 
23 Apr 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

Subj : 

Ref: 

NAVAL RECORDS 

FIRST LIEUTENAN 
SMCR 

(a) MMER Request= 

Lieutenant I 
of 22 Apr 99 

-- 

1.  Recommend disapproval of First Lieutenan 
for removal of his failure of selection. 

request 

2 .   Per the reference, we reviewed First ~ieutenant- 
record and petition.  He failed selection on the FY99 USMC 
Captain Selection Board.  Subsequently, he successfully 
petitioned the Performance Evaluation Review Board  (PERB) to 
remove the Transfer fitness report of 970701 to 971231 from the 
record.  First Lieutenant-requests 
of selection. 

removal of his failure 

3.  In our opinion, the petitioned report does present 
significant competitive concern to the record.  However, the 
record contains other areas of serious competitive concern: 

a.  Value &  Distribution.  First ~ieutenant- 

has four 

officers ranked above him and none below. 

b.  Section B Marks.  First Lieutenant 

contains less competitive Section B marks in 
Duties, Handling officers, Handling Enlisted, Tactical Handling 
of Troops, Attention to Duty, Cooperation, Judgment, Force, 
Leadership, Loyalty, Personal Relations, Economy of Management, 
and General Value to the Service. 

record 
ative 

c.  Annual Fitness Report of 960429 to 960731. 

Reviewing Officer's  comments indicate First Lieutenan 
performance was not up to standards: 

* 

(1)  "At times too focused on fire support and artillery 

issues and lets other responsibilities slip by." 

(2)  "Needs to concentrate on all tasks regardless of 

interest level.  However, I have noticed substantial 
improvement ." 

Subj:  BCNR PETITION FOR FIRST LIEUTENA- 

M

C

R

 

a 

S

4.  In s u ~ a r y ,  the petitioned report does present significant 
competitive concern to the record.  However, First Lieutenant 

record retains serious competitive concerns due to poor 

-istribution, 

less competitive Section B marks, and the 

Reviewing Officer's  comments on the Annual  fitness report of 
960429 to 960731.  Therefore, we recommend disapproval of First 
Lieutenant 
selection. 

request for removal of his-failure of 

5.  Point of contact is Majo 

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