DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

USMCR

BJG
Docket No: 
11 September 2000

128540

Dear

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 removal of one
of your failures by the Fiscal Year (FY) 1999 and 
2000 Reserve Lieutenant Colonel Selection
Boards (after having applied to this Board, you also failed by the FY 2001 Reserve
Lieutenant Colonel Selection Board).

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 30 August 2000. 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 opinions furnished by Headquarters Marine Corps dated 21 and
29 March 2000, 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
1.c of the opinion dated 29 March 2000. Because
in the advisory opinions, except paragraph 
you were not requesting consideration by a special selection board, they found no relevance
in the comments as to why you  “would not rate” such consideration. Since you furnished no
copy of the package you attempted to provide to the FY 1999 promotion board, this Board
was unable to determine whether consideration of this package would have appreciably
In view of the above, your application has been denied.
enhanced your competitiveness.
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

HEADGLJARTERS  UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

GUANTICO,  VIRGINIA 22134-5103

0

IN REPLY REFER TO:
100
RAP-2 2
MAfl 
it 

mn

] 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL

RECORDS

Subj:

Ref:

ATION IN THE CASE OF.
USMCR

(a) Title 10 U.S.C. Section 614
(b) 

MC0 
I, Officers Promotions (MARCORPROMAN  

P1400.31A Marine Corps Promotion Manual, Volume
OFFPROM)

VOL 1 

1.

We have reviewed the subject application and cannot support Major

equest for removal of failures of selection  

(FOS) status

with provision of the following opinions:

While the Marine Corps Reserve Support Command (MCRSC)

s stated that his failure to receive
igibility for promotion consideration by the

a. Ma
notificat
FY99 Reserve Lieutenant Colonel Promotion Board adversely impacted the
timeliness of his submission and was instrumental in his subsequent
non-selection.
generally sends out eligibility notifications, there is no regulatory
requirement to do so.
MCRSC's concern and mission intent to provide support through
assistance a
relie
determination.
notification negatively impacted his opportunity for promotion
selection is without merit.

No causal linkage is present that would
individual responsibility for eligibility

The courtesy advisements are an extension of

Any premise that the absence of the courtesy

b.

Reference (a) mandates a notice of convening and identified

Reference 

(b) further stipulates that an  

zones be published at least 30 days before a selection board is
convened.
annually identifying convening dates for
months prior to commencement of the board season.
not presented any reasoning why he could not have
the required notices or numerous other  
sources.
have solicited assistance in determining his promotion eligibility
status with MCRSC at any time.

alternat
Notwithstanding his overseas posting,

selectio

onal
could

availed himself of

ALMAR be published

not to provide a submission based on the challenges of his civilian
employment and unspecified complications in his return to the United
States.
promotion consideration.

In doing so, he effectively limited himself regarding

.

Subj:

CATION IN THE CASE 0

USMCR

2. No
compelling evidence has been submitted that would substantiate
a claim of material error that would have denied access to or negation
of promotion consideration and subsequent removal of the  
FOSS for the
FY99 and FYOO boards.
d petition
for consideration by a Special Selection
ains that
he was not otherwise properly considered.
upon the individual officer to remain apprised of his or her promotion
eligibility and monitor his or her personal career in the Marine Corps
Reserve.

Ultimately, it is incumbent

Per reference

(b),

Reserve Affairs Division defers to the Promotions Branch

3.
of the Personnel Management Division for opinion and comment on the
late receipt of a promotion submission.

(MMPR)

f contact at this Division is

1

Reserve

Head, Reserve Affairs

and Policy Branch,

By direction

2

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT

HARRY LEE HALL,

 

QUANTIC ’O, 

17 LEJEUNE ROAD
22134-5104

VIR(ilNIA  

IN REPLY REFER TO

1400/6
MMPR
29 Mar 00

MEMORANDUM

From:
To:

Subj:

Ref:

Head, Promotion Branch
Executive Director, Board for Correction of Naval
Records

1

CO MAJOR
R

(a) Title 10, U.S. Code
(b) SECNAVINST  
1401.1B

1.

The following facts are germane to the case:

a.
zone 0
USMCR Lieutenant Colonel Promotions Selection Boards.

considered and not selected as an in
and an above zone officer on the FYOO

b.

Reference (a), sections 614 and 14105 require

notification of officers via individual correspondence or
general notice to the armed force concerned no later than 30
ALMAR
days prior to the date the board is to be convened.
47/98 announced the  
FYOO board in compliance with reference (a).
were and are available through the Internet.

FY99 board and MARADMIN  

These messages

33/99 announced the

C .

If this request is approved,

rate a special selection because:

uld not

1 )

There was no error in the boards' proceedings.

2)

The correction to,

ecord would have
failed of selection by the boards in

Reference 

taken place after he twice
question.
(b) makes it clear that correction to an
officers record after failing of selection by a board effected
by the error will not necessarily be the grounds for convening
a special selection board.

3)

amount of di
occurring.
will not be convened to consider an officer who could have

venting the alleged error from

(b) states that a special selection board

Reference 

s to demonstrate a reasonable

 

.

prevented the error through the exercise of reasonable
diligence.

2. Ma
should

ims are without merit and his request

3.

Point of contact is