DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 2041-01
5 October 2001

This is in reference to your application dated 7 October 2000 for correction of your naval
record pursuant to the provisions of title 10 of the United States Code, section 1552.

You requested removal of your fitness report for 31 August 1998 to 30 June 1999. As
indicated in the attached memorandum dated 8 March 2001 from the Headquarters Marine
Corps (HQMC) Personnel Management Support Branch, this report has been removed. You
also sought reconsideration of your previous request, docket number 6816-00, which was
denied on 19 January 2001, to remove your failures by the Fiscal Year (FY) 2001 and 2002
Lieutenant Colonel Selection Boards; and you added a new request for remedial consideration
for the FY 2001 promotion board. Finally, you sought reconsideration of your previous
request, also denied on 19 January 2001 in connection with docket number 6816-00, to
remove the peer ranking from your fitness report for 1 November 1994 to 19 May 1995.
This request was not reconsidered, as you have provided no new and material evidence or
other matter concerning this request which was not previously considered.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, reconsidered your case on 3 October 2001. 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
current application, together with all material submitted in support thereof, the Board’s file
on your prior case, your naval record and applicable statutes, regulations and policies. In
addition, the Board considered the memorandum from the Headquarters Marine Corps
(HQMC) Performance Evaluation Review Branch dated 7 February 2001, the two advisory
opinions from the HQMC Officer Assignment Branch, Personnel Management Division
(MMOAQ), dated 14 March and 10 July 2001, and the memorandum for the record 
dated 4 September 2001, copies of which are attached. They also considered your three
rebuttal letters dated 21 June, 20 August, and 13 September 2001 with enclosure.

(MFR)

and conscientious consideration of the entire record, the Board found that the
After careful 
evidence submitted was insufficient to establish the existence of probable material error or
injustice. They again found that your failures of selection to lieutenant colonel should stand.
In this regard, they found that your fitness report for 31 August 1998 to 30 June 1999 was
not available to either of the promotion boards before which you failed of selection, Further,
they substantially concurred with the input from MMOA-4 reflected in the MFR in
concluding once again that your selection would have been definitely unlikely, even if your
record had not included the later removed fitness report for 14 January to 10 June 1991.
Since they still found insufficient basis to remove your failure by the FY 2001 Lieutenant
Colonel Selection Board, they had no grounds to recommend granting you remedial
consideration for that selection board. In view the above, the Board again voted 
tq_deny
relief. 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

MEMORANDUM

From:
To:
Subj:

Record
BCNR APPLICATI

MER

010207

DATE:

1.
As indicated du
phone conversation,
amended his Applica
to Military Record to include a request
to remove his failures of selection.

enced
has
ction

equests that we
dvisory Opinion

i

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

PERSONNEL MANAGEMENT SUPPORT BRANCH (MMSB)

2008 ELLIOT ROAD

QUANTICO, VA 22134.5030

.

IN REPLY REFER TO
1610
MMSB
8 Mar 01

MEMORANDUM FOR THE RECORD

From:

Head,

Personnel Management Support Branch

Subj:

On 5  October 2000,

1.
fitness 

repor

I directed the administrative removal of

The rationale for this decision was based on having two

2.
fitness reports for the same reporting period in the Performance
Evaluation System.
description and billet responsibilities.
Representative 
report that was not in
Performance Evaluation
report but said that it was bogus and was not writ

d and signed the fitness
OMPF (but in the
d not see th

Both reports were for the same billet

The Senior Marine

adminis

written to

or comment.

This report should not have been

nd.
OMPF because it was not
edurally correct"
to the report and did not refer it to

as the third officer

This report was part of the OMPF from 22 August

 

2000 until

3.
its removal on   5 October  2000.
significant in that it was the 1
delete any digital  
11 October 2000.
was not in the  
5 October 2000.
was not viewed by the  

OMPFs for the
This deletion was made

LtCol Board inventory on the afternoon of

With absolute assurance, this fitness report

FYOl or FY02  

LtCol Promotion Boards.

The date,

5 October  2000,  is
we could add or
that convened on
and verified that it

End (  

)I 

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED

  STATES  MARINE CORP

S

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA

  22 134-5 103

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

(a) 

MMER Request for Advisorv 

Ooinion  in the case of

-of

7  Feb 01

./__I,.

--

Encl:

(1) Head, Personnel Management Support Branch, Memorandum

for the Record of 8 March 2001.

1.
of his failures of

Recommend disapproval of
selectio

equest for removal

Per the reference, we reviewed
He failed selection on

2.
petition.
Lieutenant Colonel Selection Board.
Performance Evaluation Review Board (PERB) for removal of the

record and
02 USMC

He petitioned the

porting Senior fitness report of 980831 to 990731.

requests removal of his failures of selection.

3.

Per Enclosure  

(l), the petitioned report was not placed into

Official Military Personnel File (OMPF) until

,was after the 

FYOl Board adjourned.

The

petitioned report was removed from the OMPF and the Lieutenant
Colonel Selection Board Inventory by MMSB on 001005, before the
FY02 Board convened.

The petitioned report did not go before the  

4.
Board,
request for removal of his failures of

therefore, we recommend disapproval o

selection.

FYOl or FY02

5.

Point of co

Head, Officer Assignments Branch
Personnel Management Division

DEPARTMENT OF THE NAVY

r.rADQUARTERS  UNITED STATES MARINE CORPS

3200 RUSSELL ROAD
  22 
-5

QUANTICO, VIRGINIA

134

 103

IN REPLY REFER TO:
1600
MMOA-4
10 Jul 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

(a)

MAJ
USMC

of 28 Jun 01

Recommend disapproval

1.
of his failures of selection.

case of
C

equest for removal

Per the reference, we review

2.
petition.
Lieutenant Colonel Selection Board.
Performance Evaluation Review Board  

He failed selection

He petitioned the
(PERB) for removal of the
rting Senior fitness report of 980831 to 990630.
equests removal of his failures of selection.

record and
02 USMC

Per the letter of 8 Mar 01

3.
Head, Personnel Management Support
was removed from the OMPF on 5 October  
emphatically states that the contested report was not viewed by
the 

FYOl or FY02 Lieutenant Colonel Selection Boards.

2ObO.

from

Since the petitioned report did not go before the  

FYOl or

record was complete, accurate, and

ormance.

Therefore,  we
equest for removal of

4 .
FY02 Board,
provided a
recommend disapproval
his failures of select

5 .

Point of contact i

Colonel, -U.S. Marine Corps
Head, Officer Assignments Branch
Personnel Management Division

MEMORANDUM FOR THE RECORD

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS  
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: DSN 224-9842 OR COMM (703) 614-9842
FAX: DSN 224-9857 OR COMM (703) 614-9857
****************************************~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DATE: 4SEP0 1

(BCNR)

DOCKET NO: 2041-01

PETITIONER (PET):

PARTY CALLED:

TELEPHONE NUMBER:

SMC

C, HQMC MMOA-4

WHAT I SAID: I  
OPINION (AO) DTD 

AXE

29SEP00, WHICH BCNR RELIED UPON IN PET ’S PRIOR CASE.

0 CORRECT MMOA-4 ’S ADVISORY

WHAT PARTY SAID:
INCORRECT IN CITIN
CONTRIBUTED TO HI
THAT THIS WAS INCORRECT BECAUSE THE SEL BD DID NOT SEE THIS RPT
AND IT HAS BEEN REM
AND OTHER JEOPARD
HIS FOS.

MED ME THAT THEIR ORIG 
SE 
FY-01 USMC LTCOL SEL BD. HE SAID

0 SAID THAT PET ’S OVERALL RANKING
HAN “OS”) MOST LIKELY RESULTED IN

A0 WAS

FITREP OF 

31AUG98-30JUN99