DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No:
7 September 2000
238240
MAJ
USMC
Dear
Majo
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 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 opinion furnished by Headquarters Marine Corps, dated 2 May 2000,
a copy of which is attached. They also considered your undated rebuttal letter with
enclosures.
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 in finding that your selection by the Fiscal Year 2001 Lieutenant
Colonel Selection Board would have been definitely unlikely, even if your record had not
included the later removed fitness report for 17 August to 31 October 1998.
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 THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280RUSSELL ROA
D
QUANTICO, VIRGINIA 22
134-5
103
IN REPLY REFER TO:
1600
MMOA-4
2 May 00
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BCNR PETITION FOR
Ref:
(a)
e case of
USMC of
Recommend disapproval of Major
1.
his failure of selection.
request for removal of
we reviewed
ailed selection
Per the refe
Majo
Co10
3
L.
petition.
Lieutenant
successfully petitioned the Performance
(PERB) for
to 881031.
selection.
lection Board.
Majo
Evaluation Review Board
moval of the End of Service fitness report of 880817
requests removal of his failure of
Subsequently, he
record and
01 USMC
In our opinion,
3.
competitive concern to the record.
has one other area of serious competitive co
likely led to his failure of selection.
the petitioned report do
However,
record
re than
a.
Recruiting Station (RS) Command Tour.
Majo
officers ranked above him and zero below, placing him at
bottom of his peer group.
as a RS Commander contains less competitive Section B marks in
Beyond the RS
raining Personnel.
Administrative Duties
has only two fitness reports as a
Majo
Commander time,
major, both of which were one of one.
Additionally, his first fitness report
has ten
the
In summary, the petitioned report does present competitive
has one other area
likely led to his
4.
concern to the record.
of serious competitive concern that m
failu
Major
Therefore, we recommend disapproval of
ction.
quest for removal of his failure of selection.
However,
Majo
Subj:
MAJ
USMC
5.
Point of contact i
Head, Officer Career Counseling and
Evaluation Section
Officer Assignments Branch
Personnel Management Division
_
NAVY | BCNR | CY2001 | 07185-01
Enclosure (2) is furnished to assist in By enclosure 3. a copy of the Advisory Opinion contained at enclosure (3), this Headquarters provided Majo ith Head, "Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps 1610 MMER/PERB 23 kU6 20% From: Co To: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11C MC 41 Per the reference, the Performance Evaluation Review Board 1. has reviewed allegations of error and injustice in your...
NAVY | BCNR | CY2002 | 07532-01
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 NAV Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD OUANTICO, VIRGINIA 221 34-51 03 IN REPLY REFER TO: 1610 MMER/PERB 2001 2 +, SEP MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS...
NAVY | BCNR | CY2001 | 03755-00
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. Deputy Director Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine Corps 2 DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS 3280RUssrLLR0~D VIRGINIA 22 QUANTICO, Y 134-5 103 IN REPLY REFER TO: 1600 MMOA-4 17 Jul...
NAVY | BCNR | CY2001 | 04333-01
In addition, the Board considered the advisory opinions furnished by Headquarters Marine Corps dated 17 and 25 July 2001, copies of which are attached. Majo selection for the convened on 991026. date of rank and effective date of promotion to major. FYOl USMC Major Promotion Selection Board that s requesting back advisory opinion in the case of s requesting removal of failure of Further, Maj 2 .
NAVY | BCNR | CY2001 | 05411-01
What is significant is that Colonel That matter not Subi: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ICATION IN THE CASE OF MAJOR USMC :current assessment of the performance recorded in the challenged fitness report is based observation." o e case of request for removal of Per the reference, we reviewed 2. petition. removed, the record would have been more competitive, but not enough to warrant removal of the failure of selection.
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In addition, the Board considered the report of the Headquarters Marine Corps Review Board (PERB), dated 16 July 2003, and the advisory opinion from the HQMC Officer Counseling and Evaluation Section, Personnel Management Division dated 28 May 2003, copies of which are attached. viewed Major ailed 'record and and FY04 USMC equests selec In our opinion, removal of the petitioned report would 3. slightly enhance the strength of the record, but not enough to warrant removal of the failures of...
NAVY | BCNR | CY1999 | 03672-98
He stated that since his fitness reports as a lieutenant and captain were sufficiently strong to allow him to have been promoted to major, and since his major reports are “far more competitive, ”the probability of promotion to lieutenant colonel “would be high.” Regarding his fitness report for 15 November 1985 to 28 February 1986, he stated that although it is an “annual” report, it covers only three months, during which the actual observation was only four to six calendar days. In their...
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(?O/ MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF MAJOR (PERB) R - I USMC ._ (b) MC0 P1610.7D DD Form 149 of 3 May 01 w/Ch l-4 Per MC0 1610.11C, the Performance Evaluation Review Board, 1. with three members present, Majo the fitness report for the period 970801 to 980519 (CH) was requested. Reference (a) requested an advisory opinion in the case...
NAVY | BCNR | CY2001 | 05326-01
That Petitioner ’s naval record be corrected by removing his failures by the FY 1996 and 1997 Major Selection Boards. 's record and his FY-96 and FY-97 920528. Point of contact Major, U.S. Marine Corps Head, Officer Counseling and Evaluation Section Officer Assignment Branch Personnel Management Division DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS D 3280 RUSSELL ROA QUANTICO, VIRGINIA 221 34-51 0 Y 3 IN REPLY REFER TO: 1600 MMOA-4 14 Aug 01 MEMORANDUM FOR THE EXECUTIVE...
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atbched as enclosure CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (3), the Board finds the existence of an injustice warranting limited relief, specifically, removal of Petitioner ’s failure of selection for promotion. That Petitioner’s record be corrected so that he will be considered by the earliest possible selection board convened to consider officers of his category for promotion to lieutenant colonel as...