DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370.5100

BJG
Docket No: 5333-01
26 July 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.

It is noted that the Commandant of the Marine Corps (CMC) has directed removal of your
contested fitness report for 1 August to 31 December 1998.

2001. Your allegations of error and injustice

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 26 July 
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.
the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB),
dated 29 June 2001 with enclosure, and the advisory opinion from the HQMC Officer
2001,
Assignment Branch, Personnel Management Division 
copies of which are attached. They also considered your rebuttal of 25 July 2001 to the
MMOA-4 opinion

In addition, the Board considered the report of

(MMOAQ), dated 25 June 

.

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 opinion from MMOA-4 in finding that your selection by the Fiscal Year 
2002
Lieutenant Colonel Selection Board would have been definitely unlikely, even if the later
removed fitness report had not been in your record. Concerning paragraph 3.a of the
opinion, they found that among your first 12 observed fitness reports, you received seven
marks of “EX” (excellent) and one mark of “AA” (above average). In view of the above,
the Board denied relief beyond that effected by CMC.

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

AEPARTMENT OF THE NAV Y

HEADQUARTERS UN

ITED STATES MARINE CORPS
3280 RUSSELL ROAD
GUANTICO. VIRGINIA 22134-51 03

IN REPLY REFER TO:

1610
MMER
29 Jun  01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ION IN THE CASE 0
USMC

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 25 Jun 01
(3) Copy of CMC

MMER/PERB  of 29 Jun 01

MMER/PERB  of 20 Jun 01

ltr 1610 

ltr 1610

1.

As evidenced by enclosure  

(l), PERB removed from Major
the fitness report for

the period 980801 to 981231 (CH).

'icial military record,

We defer to BCNR on the issue o

2.
the removal of his failure of  
Lieutenant Colonel.
resolving that matter.

Enclosure (2)

selec

is

request for
of

0 assist in

By enclosure  

3.
with a copy of the Advisory Opinion contained

(3), this Headquarters provid

.

Evaluation

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

DEPARTMENT 

HEADQUARTERS UNITED

OF THE NAVY
  STATES  MARINE CORP

3280  R U SSE LL ROA D

QUANTICO,  

YlRGlNIA  22 

134-S 103

S

IN REPLY REFER TO:
1610
MMER/PERB
0 2 

JUN  

2001

From:
To:

Commandant of the Marine Corps

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference,

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

the Performance Evaluation Review Board

Date of Keport

Reporting Senior

Period of Report

22 Jan 99

980801 to 981231 (CH)

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
precipitated it,
part of the official record.
System (the data base which generates your Master Brief Sheet)
will be corrected accordingly.

unless such events are otherwise properly a
The Automated Fitness Report

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

HEADQUARTERS UNITED STATES MARINE CORPS

,iPARTMENT  OF THE NAVY
3280  RUSSELL ROAD

QUANTICO,  VIRGINIA 221 34-5103

IN REPLY REFER TO:

1600
MMOA-4
25 Jun 01

MEkORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR PETITION FOR  
USMC

MAJO

Ref: (a)

of 21 Jun 01.

Recommend disapproval o

1.
of his failure of

selection.

ion in the case of
USMC

equest for removal

Per th

2.
petition.
Lieutenant Colonel Selection Board.

review
ailed

+ Performance Evaluation Review Board (PERB) to remove the Change of

Reporting Senior Fitness Report for the period 980801 to 981231.

equests removal of his failure of selection.

record and
FY02 USMC

He successfully petitioned the

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

compe
likely contributed to his failure of selection.

’ record contains other areas of  

hat

a.

Section B Marks.

Section B trend of Excel1
twelve fitness reports.
of Management as a Major.

record contains a
ce on nine of his first

He is also marked Excellent in Economy

b.

Section C  

/ Reviewing Officer Comments.

"Constantly striving to complete all challenges for

has a number of less-than-competitive comments as a
to include,
the upcoming ten month Maintenance Cycle for Maritime
Prepositioning 
in a highly demanding fast paced environment.; 'The latter
comment was accompanied by a
"B" mark in courage from the
Reporting Senior.
with those of his

Force," and "Promote with peers, Performed well

These comments and marks are not consistent

peeks. 

’’ t 

 

field grade

’

. 

.

Subj:

TITION FOR 

MAJ
..USMC

C .

Value and Distribution.

two above and zero below as a  
are ten above and seven below as a First Lieutenant.
He is
ranked seven above and ten below as a Captain, and five above
with three below as a Major.
is twenty-four above and twenty below.
competitive for promotion.

His total value and distribution

This distribution is not

Set

kings are
s rankings

In summary,

the favorable PERB action marginally enhances

4.
the competitiveness of,
warrant removal of the
Moreover, the
record contains other areas of competitive concern that, more
than likely,
Therefore, we recommend disapproval
for removal of his failure of

"record but not enough to
ction.

contributed to his fail

selection.

5.

POC i

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

2