DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAW ANNEX

WASHINGTON DC 

2037C-5100

SMC

BJG
Docket No: 
15 August 2000

4664-00

.
. 

Dear

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.

It is noted that the Commandant of the Marine Corps (CMC) has directed removal of your
contested fitness report for 4 August 1997 to 24 April 1998.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 10 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 report of the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board, dated 28 June 2000 with enclosure, and the advisory opinion from the  HQMC
Officer Assignment Branch, Personnel Management Division (MMOA-4) dated
26 June 2000, 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

.
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 NAV
HEADQUARTERS UNITED STATES MARINE CORPS

Y

D
  22 134-5

3280  RUSSELL ROA

QUANTICO,  VIRGINIA

10 3

IN REPLY REFER TO:
1610
MMER
28 Jun 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

ON IN THE CASE OF MAJOR
SMC

(1) Copy of CMC 
(2) CMC Advisory Opinion 1610 MMOA-4 of 26 Jun 00
(3) Copy of CMC 

ltr 1610 MMER of 28 Jun 00

MMER/PERB of 21 Jun 00

ltr 1610 

Subj:

Encl:

1. As

evidenced by enclosure  

(l), PERB removed from

official military record, the fitness report for the

period 970804 to 980424 (TR).

We defer to BCNR on the issue

2.
the removal of his failures of selection to the grade of
Lieutenant Colonel.
resolving that matter.

Enclosure (2) is furnished to assist in

request for

By enclosure  

(3), this Headquarters provide
3.
with a copy of the Advisory Opinion contained a

Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

DEPARTMENT OF THE

HEADQUARTERS UNITED STATES

NAVY

 
MARlNE  CORPS

 

~~~ORUSSELLROAD

QUANTICO,  VIRGINIA 22  

134-5 103

LN REPLY REFER TO:
1610
MMER/PERB
I 1 

JUN 

1006

From:
To:

:USMC

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference, the Performance Evaluation Review Board

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the following fitness report (Frames
Fiche pertain):

Having reviewed all the facts of record, the Board has

D13 and D14, 02

 

Date of Report

Reportina  Senior

Period of Report

24 Apr 98

970804  to 980424

(TR)

The memorandum will contain

There will be inserted in your Naval record a memorandum

2.
place of the removed report.
appropriate identifying data concerning the report and state that
it has been removed by direction of the Commandant of the Marine
Corps and cannot be made available in any form to selection
It will also state that such
boards and reviewing authorities.
boards may not conjecture or draw any inference as to the nature
of the report or the events which may have precipitated it,
unless such events are otherwise properly a part of the official
record.
The Automated Fitness Report System (the data base which
generates your Master Brief Sheet) will be corrected accordingly.

.n

The Commandant of the Marine Corps is not empowered to grant

3.
or deny the removal of failure(s) of selection from a Naval
record.
for Correction of Naval Records (BCNR) for consideration of that
issue.

Accordingly, your case will be forwarded to the Board

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280RUSSELLROA

D

QUANTICO, VIRGINIA 22

 

134-5  103

IN 

REPLY 

TO:

REFER 
1600
MMOA-4
26 Jun 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

(a) MMER

Major
of 22

MAJ
USMC

S

Recommend disapproval
1.
his failures of selection.

request for removal of

Per the reference, we reviewe
He failed selection o

2.
petition.
Lieutenant Colonel Selection Boards.
successfully petitioned the Performance Evaluation Review Board
(PERB) for removal of the Transfer fitness report of 970804 to
980424.
selection.

requests removal of his failures of

Subsequently, he

record and
1 USMC

In our opinion, the favorable PERB action enhances the
ppeared before the  

3.
competitiveness of t
Howeve
FYOl Boards.
of competitive concern that more
of selection.

FYOO and
record contains other areas
than likely led to his failures

a.

Section B Marks.

competitive Section B mar
Administrative Duties, Handling Officers, Handling Enlisted,
Training Personnel, Tactical Handling of Troops, Attention to
Duty, Cooperation, Initiative, Judgment, Force and Economy of
We note he is marked Excellent in Administrative
Management.
Duties as a major in 1997.

ecord contains less
ies, Additional Duties,

b. Valu e
Command billet
and one below, p

& Distribution in Command.

While serving in Company

as ten officers ranked above him
e bottom of the pack.

rt of 900810 to 910524.
s marked Excellent in Administrative
Duties, Attention to Duty, Cooperation, Initiative, Force and'
Economy of Management.
below, placing him at the bottom of the pack.

He has 6 officers ranked above him and 1

As a company

Subj:

BCNR PETITION

In summary, the removal of the pe
howeve

4.
competitiveness of the record,  
contains other areas of competitive c
led to his fa
disapproval o
of selection.

hanced the
record
han likely

Therefore, we recommend

on.
request for removal of his failures

5.

Point of contact

Marine Corps

Head,
Personnel Management Division

Oificer Assignment Branch