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NAVY | BCNR | CY2001 | 04333-01
Original file (04333-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

WASHINGTON DC 20370-510

0

S

BJG
Docket No: 4333-01
6 September 2001

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 6 September 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 furnished by Headquarters Marine Corps dated 17 and
25 July 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 substantially concurred with the comments contained
in the advisory opinions to the effect that your photograph would not have been material to
the portrayal of your record before the Fiscal Year 2001 Major Selection Board.
Accordingly, 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

Enclosures

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE

 

HARRY LEE HALL, 17 

QUANTICO, 

VHtGINIA  221343104

AFFATRS  DEPARTMENT
LEXXJNE  ROAD

IN REPLY REFER TO:

1412/2
MMPR
1 
JUL 
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

? 

zoo1

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE

CASE OF 

MAJO

Ref:

(a) MMER Route Sheet of
(b) CMC memo for SECNAV

10  Jul 01
dtd  16 Jun 00

a) re
Majo

1 .
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 .

The following facts are germane:

a.

Majo

failed of selection on the
Board, which convened on 991026.

s eligible, as an in zone officer, and

FYOl USMC Major Promotion Selection

b.

Maj

as an above zone officer,
Selection Board, which convened on 001030.
major on 010301.

as subsequently considered and selected,

on the FY02 USMC Major Promotion

He was promoted to

c. Si

the failure of selection to major would have no impact on future
promotion eligibility.
between grades and competitive categories.

Failures of selection do not transfer

was selected for promotion to major,

d.

Per reference

(b);

Selection Board on 000222
before the board.

based on the absence of a photograph

quested a Special

e.

The Secretary of the Navy disapproved his request on

000814 based on the following:

(1) Although the photograph was not provided to the

board, it was not material to a fair and accurate portrayal of
his career.

Subj:

THE CASE OF MA

MC

(2) 

Maj

diligence to persona
prior to the date the board convened.

ailed to exercise reasonable

y ensure his material had been received

Promotion Branch recommends disapproval of the request for

3 .
removal of the failure of selection,
selection will have no effect on future promotion eligibility or
consideration.
(b), Promotion
Branch recommends dis
request for
back-dating.
Majo
rank would be 000301.

Based on the facts in reference  

since the failure of

is approved, his date of

If 

in this matter is Chief Warrant Officer

2

DEPARTMENT OF THE NAV

Y

IitADQUARTERS  UNITED STATES MARINE CORPS

3280  RUSSELL ROAD

QUANTICO, VIRGINIA 221 34-51 03

IN REPLY REFER TO:

1600
MMOA-4
25  Jul 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj

Ref:

e of

Recommend disapproval o
1 .
of his failure of selectio

'"request for removal
is date of rank.

Per the reference, we reviewe
failed
fter the timely submission of a

2.
petition.
Se1
Major 
photograph,
officer on the FY-02 USMC Major Selection Board.
requests removal of his failure of selection and
date of rank.

he was selected for promotion as an a

cord and
1 USMC

In our opinion

s record, as it appeared before

3.
the boards, was complete, accurate, and provided a fair
assessment of his performance.
The photograph was not material
to a fair and accurate portrayal of his performance on the first
selection board.
His additional year of documented performance
likely contributed to his selection to Major on the subsequent
board.
request for removal of his failure of  

Therefore, we recommend disapproval o
selecti

4.

POC

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



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