DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 5329-01
16 August 2001

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.

You requested removal of your fitness report for 1 August 1999 to 7 April 2000. You also
requested removal of your failure by the Fiscal Year (FY) 2002 Lieutenant Colonel Selection
Board and consideration by a special selection board (SSB). Finally, you requested that your
lieutenant colonel date of rank and effective date be adjusted to reflect selection by the
FY 2002 promotion board. Your last request was not considered, as you have not been
selected for or promoted to lieutenant colonel.

It is noted that the Commandant of the Marine Corps (CMC) has directed removal of your
contested fitness report.

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 
(HQMC) Performance Evaluation
Review Board 
(PERB), dated 29 June 2001 with enclosure, the advisory opinion from the
(MMOA-4), dated
HQMC Officer Assignment Branch, Personnel Management Division 
2001, copies of which
25 June 2001, and the memorandum for the record dated 13 August 
are attached. They also considered your rebuttal letter dated 1 August 2001 with enclosures
and first endorsement.

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 warranting removal of your failure 

of.selection for promotion. Notwithstanding

your letter of 1 August 2001 and its endorsement and enclosures, including the letter of
1 August 2001 on your behalf from the former director of the 
Management Division, they substantially concurred with the MMOA4 advisory opinion in
finding that your selection by the FY 2002 promotion board would have been definitely
unlikely, even if your record had not included the later removed fitness report. Since they
found insufficient basis to remove your failure of selection, they had no grounds to
recommend  granting you an SSB.
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.

HQMC Personnel

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

_CPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROAD

GUANTICO. VIRGINIA

  221 34-5103

IN REPLY REFER

 

TO:

1610
MMER
29 Jun 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

1.

ION IN THE CASE OF
USMC

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

ltr  1610 
Opinion
ltr  1610

MMER/PERB  of 20 Jun 01
of 25 Jun
1610 MMOA-4
29 Jun 01
MMER/PERB of

01

As evidenced by enclosure  

,official  military record,

(l),

the period 990801 to 000407 (TD).

PERB removed from Major
the fitness report for

’ request for
de of
Enclosure (2) is furnished to assist in

3
L.

We defer to BCNR on the issue
the removal of his failure of sele
Lieutenant Colonel.
resolving that matter.
(3),

By enclosure 

3.
with a copy of the Advisory Opinion contained at

this Headquarters provided

Performance Evaluation

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

_SPARTMENT OF THE NAVY
UNITEtl  STATES MARINE CORPS

HEADQUARTERS 

3280RLISSELL  ROA D

QUANTICO,

 VIRGINIA 22134-510

3

IN REPLY REFER TO:

1610
MMER/PERB
Q 2 
'1001

JUFl 

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0  

161O.llC

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:

Having reviewed all the facts of record, the Board has

Date of Report

Reportin gSenio r

Period of Report

11 Apr 00

There will be inserted in your Naval record a memorandum in

2.
The memorandum will contain
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 boards and reviewing authorities.
that such boards may not conjecture or draw any inference as to
the nature of the report or the events which may have
unless such events are otherwise properly a
precipitated it,
The Automated Fitness Report
part of the official record.
System (the data base which generates your Master Brief Sheet)
will be corrected accordingly.

It will also state

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.
Accordingly, your case will be forwarded to the Board
for Correction of Naval Records (BCNR) for consideration of that
issue.

,EPARTMENT  OF THE NAV

Y

HEADOUARTERS  UN ITED STATES MARINE CORPS

3280 RUSSELL ROAD

OUANTICO,  VIRGINIA 221 34-51 0 3

IN REPLY REFER TO:

1600
MMOA-4
25 Jun 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR PETITION FOR
USMC

Ref:  (a)

for Advisory

of 21 Jun 01.

Recommend disapproval

1.
of his failure of

o
selection.

ion in the case of
USMC

request for removal

Per th

2.
petition.
Lieutenant Colonel Selection Board.
Performance Evaluation Review Board (PERB) to  

record and

e FY02 USMC

remove the To

He successfully petitioned the

y Fitness Report for the period 990801 to 000407.
requests removal of his failure of selection.

In our opinion,

3.
enhances the competitiveness of the record, but not enough to
warrant removal of the failure of selection.

the favorable PERB action marginally

Moreover, Major

ecord  contains others areas of competitive concern

that,

more than likely,

led to his failure of selection.

a.

MOS  Credibility

.

switched from the 0802

MOS to the 0180 MOS in November of
years,
months,
compared to his peers,
adjutant is not competitive for promotion to Lieutenant Colonel.

he has had only 36 months of observed time.
only 19  were in observed adjutant billets.

this lack of observed performance as an

In the next five

1991.

Of the 36
When

b.

Value and Distributio

n

one above and zero below as a S
are one above and one below as a First Lieutenant and three
above five below as
above and four below
seven above and ten below.
for promotion especially in light of the limited amount of
observed performance in the Marine's primary MOS.

nking as a Major is two
cumulative ranking is

This distribution is not competitive

nkings are
is rankings

Subj:

C.

Relative Value

.

The relative value of the report

pulled by the PERB report was  
g/91.53  cumulative.
to Relative Value, decreased when the report was pulled.

The record's competitiveness, with respect

3/100,  at time of processing, and

In summary,

the favorable PERB action marginally enhances

4.
the competitiveness o
warrant removal of the failure of selection.
record contains other areas of competitive concern that, more
than 
Therefore,
for removal of his failure of selectio

contributed to his failure of selection.

we recommend disapproval of

.

likelv.

.‘  

Moreover, the

record but not enough to

request

5.

POC

Colonel,
Head,
Personnel Management Division

Officer Assignment Branch

S. Marine Corps

2

MEMORANDUM FOR THE RECORD

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: DSN 224-9842 OR COMM (703) 6149842
FAX: DSN 224-9857 OR 

COMM  (703) 614-9857

DATE: 13AUGOl

DOCKET

PETITIONER (PET

PARTY CALLED:

TELEPHONE NUMBE

WHAT I SAID: I AS
TO PREPARE A NEW 
OFFICERS ’ ENDORSE.

A0 IN PET ’S CASE IL0 HIS REBUTTAL AND FLAG

E 

HQMC MMO A-4  WOULD BE  W ILLI NG

WHAT PARTY SAID:
UNWILLING TO PRE

RMED ME THAT THE HQMC MMOA4 WAS
A0 IN PET’S CASE.