DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 
15 October 2001

718501

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 the
contested fitness reports for 16 March to 31 July 2000 and 1 August to 13 December 2000.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 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 report of the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board, dated 12 September 2001 with enclosure, and the advisory opinion from the
HQMC Officer Assignment Branch, Personnel Management Division 
11 September 2001, copies of which are attached. They also considered your rebuttal letter
dated 21 September 2001.

(MMOA-4), dated

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 by the Fiscal Year 2002 Lieutenant Colonel
Selection Board. In this connection, the Board substantially concurred with the comments
contained in the advisory opinion from MMOA-4 in finding that your selection would have
been definitely unlikely, even if your record had not included the later removed fitness
reports.
been denied. The names and votes of the members of the panel will be furnished upon
request.

In view of the above, your application for relief beyond that effected by CMC has

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 CORP

3280 RUSSELL

 

ROAD

QUANTICO, VIRGINIA 221 34-510

Y

3

S

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ION IN THE CASE OF 
USMC

MAJO

(1) Copy of CMC
(2) CMC Advisory Opinion 1610 MMOA-4 of 11 Sep 01
(3) Copy of CMC

MMER/PERB  of 12 Sep 01

MMER/PERB  of 23 Sep 01

ltr 1610

ltr 1610

-

1.

As evidenced by enclosure  

(l), PERB removed from Major

fficial  military record,

the fitness reports for the

periods 000314 to 000731 (AN) and 000801 to 001213 (TR).

2.
We defer to BCNR on the issue of Major
the removal of his failure of selection to
Lieutenant Colonel.
resolving that matter.

Enclosure (2) is furnished to assist in

By enclosure  

3.
a copy of the Advisory Opinion contained at enclosure

(3), this Headquarters provided  

Majo

ith

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

1610
MMER/PERB
23 

kU6 

20%

From: Co
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

MC
41

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 reports:

Having reviewed all the facts of record, the Board has

Date of Report

Reporting Senior

Period of Report

4 Aug 00

Dee 00

Ltco

Ltco

000314 to 000731 (AN)

000801 to 001213 (TR)

There will be inserted in your Naval record a memorandum in

2.
place of the removed reports.
appropriate identifying data concerning the reports and state
that they have 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 reports or the events which may have
precipitated them,
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

The memorandum will contain

It will also state

DEPARTMENT OF THE NAV

Y

HEADGUARTERS  UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D
  221 34-5

QUANTICO, VIRGINIA

1 0 3

IN REPLY   REFER TO:
1600
MMOA-4
11 Sep 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

BCNR PETITION FOR  
USMC

MAJO

Subj:

Ref:

of 10 Sep 01.

Recommend disapproval of

1 .
his failure of selection.

in the case of
SMC

request for removal of

Majo
Selecti

Per the reference,

we reviewe
se1

2.
petition.
Colonel 
(PERB) to remove the Annual Fitness Report
Evaluation Review Board  
for the period 000314 to 000731 and the Transfer Fitness Report for
uests removal of his
the period 000801 to 001213.
failure of selection.

record and
Y02 USMC Lieutenant
He successfully petitioned the Performance

ailed 

In our opinion, the favorable PERB action marginally

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

Moreover,  Major

record contains others areas of competitive concern

that, more than likely,

led to his failure of selection.

a.

Section B Marks.

Major

Section B trend of Excellent marks
is also marked Excellent in Personal Appearance as a senior
captain and an Excellent in Tactical Handling of Troops and
Administrative Duties as a Major.

in Administrative Duties. He

record contains an earl

y

b.

Professional Military Education.

PME complete for his grade prior to the
Selection Board.

was not
nt Colonel

Subj:

BCNR PETITION FOR MAJOR
USMC

C .

Value and Distribution.
four above and nine below as a Fi
are seven above and sixteen below as a
are thirteen above and six below as a  
distribution as a major is not competitive to Lieutenant
Colonel.
and thirty-one below.

His total value and distribution is twenty-four above

rankings are

Majo

.-
In summary, the favorable PERB action marginally enhances

4.
the competitiveness of
s record but not enough to
warrant removal of the
selection.
Moreover,  the
record contains other areas of competitive concern that, more
than likely,
recommend disapproval of
his failure of selection.

Therefore, we
request for removal of

led to his failure of selection.

5.

POC i

U.S.M.C

Asst. Branch Head,
Officer Assignment Branch
Personnel Management Division

2