DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 4271-01
15 August 2001

Dear Cap

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 that the fitness report for 10 May to 27 June 1998 be modified by removing
the mark of 
“EX/OS” (excellent/outstanding, the second highest) in item 15a (your estimate
of this Marine’s general value to the service) and the marks in items 15b and c (showing five
captains ranked above you and one with you). You also requested removal of your failure
by the Fiscal Year 

(FY) 2001 Reserve Major Selection Board.

It is noted that the Commandant of the Marine Corps (CMC) has modified items 15b and c
of the fitness report in question to show that you were not compared with any other captain.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 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 report of the Headquarters Marine Corps 
Review Board 
HQMC dated 22 May 2001, copies of which are attached.

(HQMC) Performance Evaluation
(PERB), dated 23 May 2001 with enclosures, and the advisory opinion from

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 noted your contention that the reporting senior
advised you that you would be marked  “OS” (highest) in item 15a. However, this did not
persuade them that the 
“EX/OS” mark he actually assigned you was improper. They
substantially concurred with the advisory opinion dated 22 May 2001 in finding your
selection by the FY 2001 Reserve Major Selection Board would have been definitely

unlikely, even if the fitness report in question had reflected the correction to items 15b and c.
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

Enclosure

iEPARTMEN1 OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA
QUANTICO, VIRGINIA   22 

D

134-5  

I03

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ASE OF CAPTAI
MCR

(1) Copy of CMC  
(2) CMC Advisory
(3) Copy of CMC

ltr  1610 
Opinion
ltr 1610

MMER/PERB  of  10  May 
01.
of 22 May 02
1600 CMT
of 23 May 01
MMER/PERB

As evidenced by enclosure  

(l),

We defer to BCNR on the issue of Captai

1.
two of subject's fitness report for the period 980510 to 980627
(TD).
3
for the removal of his failure of selection
Major.
matter.
:3 
with a copy of the Advisory Opinion contained at

Enclosure (2) is furnished to assist in resolving that

this Headquarters provided Captai

By enclosure 

(3),

enclosu

L.

.

PERB modified Item 15 and page

request
e of

Evaluation

Review Branch
Personnel Management Division
By direction of the Commandant
of the   Marine Corps

(’ DEPART
HEADQUARTERS UN

M ENT OF THE NAVY
I TED STATES MAR

3280 RUSSELL ROAD

QUANT

I CO ,  V I RG I N I A 

22134

- 5103

I NE CORPS

i w v Y REF ER TO :
MMER/PERB
2001
\ 

0 MAY 

From:
To:

Subj:

Ref:

CORRECTION TO MILITARY RECORD

(a) Your Application for Correction of Military or

Naval Record (DD Form 149) of 15 Feb 01
MC0  

1610.11C

(b) 

Encl:

(1) Copy of Fitness Report 980510-980627 (TD) (modified)

1 .

This responds to your request contained in reference (a).

Per the provisions of reference (b), the Performance

2 .
Evaluation Review Board has reviewed allegations of error and
injustice in your Naval record.
the Board has directed that Items  
report for the period 980510 to 980627 (TD) will be modified 
show that you were the only officer reported on (i.e., 
one") and all names (except yours) will be removed from the
Reporting Senior's Certification on page two.
Automated Fitness Report System (the database which generates
your Master Brief Sheet) will be changed accordingly.
information,
record,

is provided at the enclosure.

a copy of the report,

Having reviewed all the facts,
15a, b, and c of your fitness

For your
as it will now appear in your

In addition, the

t o
"one-of-

The Commandant of the Marine Corps is not empowered to grant

3 .
or deny a request to  remove a failure of selection.
Consequently, your case will be forwarded to the Board for
Correction of Naval Records (BCNR) for adjudication of that
issue.

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PAQES HERE

CIIIGF OF  

STAFF

I 

certify that on the 

terrTMal  date shown in item 3 of 
15b of Section B. Those 

a8 shown in 
( o r Jy rank 
Marines marked Outstanding In 
t i 4
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-
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bt,r.)
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ws 

Marines  are ALPHABETICALLY 

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il not applicable).
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ku1 . 

tile Reporting Senior for only those  Maims of the 
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thus Marine as

1 rank 

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1 have not  had 

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dc! have 
had 
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0
I have 
hbd 
I a 
had 
h m t! 
.
and 
?$a 
,* a .’
,. 
, ’
.

rnq@‘In 

oppo+&y  to 
opp&nity  to 

suficient  
only.limited  
S&ior’a  
15a’and 
suffi~~e&&ortunity  to observe 
puf&ent  
I would 
bl’ 

item6 

Ir 

checked~

’
b.
thib Marine, 

qnd 

concurwtUi  

ihe Reporting Senior ’s marks 

ob~&~1?~~hi8 Marine,-and do  

oppo~unity to 
ev&ate4h&Marine  as
(only~rank’those evaluated as Outstanding (OS)):

__

not 

concur. with the  
(Item 
w ---

Ida) and rank this Marine as

Reporticrg 

i-

this Marine,  

bbserve 
obs&e this Marine, but  

so’lJave  

n? comment.

A.

\‘.... 

lrom what 

I have 

observkd  
I 

gener?lly concur  

-..
wilt&

VI items 
Senior’s  mark6  

.._ 

.._,_.,,_. 

_. 

15a a
Ite
in 
._..__-

NAVY
DEPARTMENT OF THE  
HEADQUARTERS UNITED STATES MARINE CORPS
D
QUANTICO, VIRGINIA 22134-5103

3280 RUSSELL ROA

IN REPLY REFER TO:

1600
CMT
22 May 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

RESERVE AFFAIRS ADVISORY OPINION ON BCNR
APPLICATION; CASE OF

Ref:

(a)  CMC ltr 

lGlO/MMER/PERB  dtd 

lOMay  2001

1.
Recommend Capt
selection be denie

"$equest_ to  remove his failure of
ing justification is provided.

2.
Captai
His record
regular duties,
initiative, judgment,
management.
marks in excellent.

Vera11  record is not very competitive.
nificant negative trends in the areas of

administrative duties, attention to duty,

force,

leadership,

and  economy of

Significant trends are identified by five or more

On many reports Capta
er officers. When he is r

s not
others,

ranked highest. In 60% of his

rated less than outstanding. In
as an unresolved lo-month date gap
in his record and has not completed PME for his grade.
These
factors may have caused his record to be less than competitive
when compared to his peers.

The reference authorized a mino
3.
distribution marks on one of Captai
However, this change does not affect the officer's overall
performance history.
to remove his failure of selection.

Therefore, there is no 

the value and
fitness reports.

cpmpelling reason

4.

Point of contact i