DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 5507-01
4 October 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. You requested that your
captain date of rank and effective date be adjusted to reflect selection by the Fiscal Year (FY)
1999 Captain Selection Board, vice the FY 2000 Captain Selection Board. You also
impliedly requested removing your failure by the FY 1999 Captain Selection Board.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 3 October 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 10 and
14 August 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. 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
material evidence or other matter not previously considered by the Board.
In this regard,
important to keep in mind that a presumption of regularity attaches to all official records.
and
it is
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 AFFAIRS DEPARTMENT
AARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134-5104
IN REPLY REFER TO:
1412/2
MMPR
10
AUE
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
BCNR APPLICATION IN THE CASE OF CAPTAIN
USMC
Ref:
(a) MMER Route Sheet of 1 Aug 01
Reference (a) requested an advisory opinion in the case of
1.
Captain
his date of rank and effective
placed, had he been selected by the
Selection Board.
Capta
is requesting an adjustment to
date where he would have been
FY99 USMC Captain Promotion
2.
The following facts are germane:
a.
Captain Turner was eligible, as an in zone officer, and
FY99 USMC Captain Promotion Selection
failed of selection on the
Board, which convened on 980303.
b.
Captai
as an above zone officer,
Selection Board, which convened on 990302.
captain on 990801.
as subsequently considered and selected,
on the FYOO USMC Captain Promotion
He was promoted to
C .
Captain
es not to provide any justification to
warrant consideration of his request.
evidence that the board acted contrary to law, the action of the
board involved material error of fact or material administrative
error, or the board did not have material information before it.
He fails to provide
d.
record in FY9-9
additional
FY%& board.
y%r of
@
@
argument that he had the exact same
Captain
obse%ation time as a first 1
is unfounded.
3.
Promotion Branch recommends
request for a back date of rank.
evidence to support his case.
disapprov
Captain
If granted
e of rank to
e
5
Subj:
BCNR APPLICATION IN THE CASE OF CAPTA
USMC
captain would be 980901.
had if the
FY99 board had selected him.
This is the date of rank he would have
in this matter is Chief Warrant Officer
2
DEPARTMENT OF THE NAV
Y
H EADQUARTERS UNITED STATES MARINE CORPS
D
3280 RUSSELL ROA
QUANTICO, VIRGINIA 221
34-51 0
3
IN REPLY REFER TO:
1600
MMOA-4
14 Aug 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
CAPTAI
SMC
(a) MMER Re
Captai
USMC of 1 Aug 01
Recommend disapproval of
1.
of his failure of selection and
Capt
request for removal
s date of rank.
He failed
Per the reference, w
2.
se1
petition.
Selection Board.
Captai
the FY-00 USMC Captain s
petition requests backdating his date of rank.
s subsequent
record and
on
3.
In our opinion, Captai
before the boards, was corn
record, as it appeared
rate, and provided a fair
of his performance.
On the FY-99 board, Captain
ecord only contained 5 months of observed time in a
acement squadron.
In the subsequent board, an
additional year of observed fitness report time was available
for review.
record, we recommend disapproval of Capta
removal of his failure of selection and backdating his date of
rank.
Because there were no
materi
ions to the
s request for
4.
POC is
t
(7
Major, U. S. Marine Corps
Head, Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division
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