DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 3776-01
8 August 2001
LTCOL
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 8 August 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 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 from Headquarters Marine Corps dated 30 May and
27 June 2001, 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 found that your failure by the Fiscal Year
Colonel Selection Board should stand, as you could have communicated with that board
concerning your fitness report for 19 January to 7 March 1991, as you did with the FY 2002
board. Since the Board found insufficient basis to remove your failure by the FY 2001
Colonel Selection Board, they could not adjust your colonel date of rank and effective date to
In view of the above, your application has been denied.
reflect your selection by that board.
The names and votes of the members of the panel will be furnished upon request.
(FY) 2001
(
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17
LRJEUNE ROAD
QUANTICO, VIRGINIA 2213455104
IN REPLY REFER TO:
1412/2
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
BCNR APPLICATION IN
OF LIEUTENANT COLONE
USMC
Ref:
(a) MMER Route Sheet of 21 May 2001
Reference (a) requested an advisory opinion in the case of
1 .
Lieutenant Colon
requesting his da
to where it would have been, had he been selected by the
USMC Lieutenant Colonel Promotion Selection Board.
Lieutenant Colone
co1
k to lieutenant
is
ackdated
FYOl
2.
The following facts are germane:
a.
Lieutenant Colone
as eligible and not selected
as an in zone officer on the
Promotion Selection Board, which convened on 991019.
FYOl USMC Lieutenant Colonel
b.
Lieutenant Colone
as subsequently selected, as
an above zone officer, by
USMC Lieutenant Colonel
Promotion Selection Board and promoted to his current rank on
010401
.
C .
Lieutenant Co
Official Military Per
FYOl board.
could use some clarification through authorized written
communication with the board, until after he had failed of
selection on the
s not indicate that his
F) was in error for the
He states that he failed to identify that his OMPF
FYOl board.
Promotion Branch recommends disapproving this request since
If his request is approved, his
3.
no error existed in his record.
date of rank would be 000701.
oint of contact in this matter is Capta
t
Head, Promotion Branch
S. Marine Corps
DEPARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
1600
MMOA-4
27 Jun 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
LIEUTENANT COLO
USMC
(a) MMER Request for Advis
Lieutenant Colonel
USMC of 21 May 01
Recommend disapproval of Lieutenant Colonel
1 .
for backdating his date of rank.
equest
Lieutenant
Per the reference, we reviewed Lie
Co10
2 .
record and petition.
required no action from the
(PERB) with respect to material condition of his record. He
failed selection on the FY-01 USMC Lieutenant Colonel Selection
Board and was subsequently selected on the FY-02 board.
Lieutenant Colonel
date of rank to where it would have been had he been selected by
the FY-01 USMC Lieutenant Colonel Promotion Board.
etition requests backdating his
Performance Evaluation Review Board
In our opinion,
the year of observed performance between the
3.
FY-01 and FY-02 USMC Lieutenant Colonel Selection boards had
more impact on his selection than a personal letter clarifying
"inconsistent remarks"
Colon
complete, accurate,
performance.
Colone
Lieutenant
ord, as it appeared before both boards, was
and provided a fair assessment of his
Therefore, we recommend disapproval of Lieutenant
quest for backdating his date of rank.
on a combat fitness report.
4.
POC
--
‘“
:‘,U. S. Marine Corps
Colonel,
Head, Officer Assignment Branch
Personnel Management Division
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