DEPARTMENTOFTHENAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 7671-01
21 December 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 1 January 1999, to reflect selection by
the Fiscal Year
Board. You also requested, by implication, removal of documentation of the delay of your
promotion and your removal from the FY 1999 Captain Selection Board promotion list.
(FY) 1999 Captain Selection Board, vice the FY 2001 Captain Selection
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 December 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 undated advisory opinion furnished by Headquarters Marine Corps, a copy of
which is 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 opinion in concluding that your promotion should not be backdated, and that
the documentation in question should remain in your record. While the Commandant of the
Marine Corps memorandum for the Secretary of the Navy dated 3 1 December 1998,
recommending your removal from the promotion list, did mention that you received a
nonpunitive letter, it did not indicate that the letter itself was the basis for the removal.
In
view of the above, 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
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
MMPR COMMENT on MMER route sheet dated 18
Ott 01
Subj:
PERFORMANCE
EVALUATION REVIEW BOARD
USMC
ON CAPTAIN
Ref:
(a) SECNAVINST
1401.1B
1.
The Performance Evaluation Review
uested an
advisory opinion in the case of Capta
Captain
requesting a date of rank adjustment to 990101 and a special
selection board.
is
2.
The following facts are germane to the case:
a.
Captain
as selected for Captain by the
FY99 USMC
Captain Promotion Selection Board.
the Secretary of the Navy
he was not eligible for the FYOO USMC Captain Promotion
Selection Board.
promotion to the next higher grade
a promotion list as a result of a recommendation for promotion
by an earlier board.
By law an officer may not be considered for
His selection was removed by
Due to his withhold status
if,that officer's name is on
(SECNAV).
Captai
b.
FYOl USMC Captain Promotion Selection Board.
as selected as an above zone officer by
His date of
the
rank is 000701.
C .
Captain
reprim
contention is that the non-punitive
eceived was used punitively and resulted
This is not the case.
letter of
in his removal.
disciplinary and administrative proceedings were completed in
regards
to his case,
s.&&&-+
for promotion.
consideration of all the
decided that Captain
the nature of the multiple
Military Justice,
received as a direct result of his offenses.
there remained concern regarding his
The Secretary of the Navy
Consequently,
facts,
not the non-punitive letter of reprimand he
as not suitable for promotion due to
infractions
of the Uniform Code of
after careful
Although all
$.)c+~
&
d.
Reference (a) states the SECNAV is authorized to
convene a special selection board to consider cases of "officers
who were in or above the promotion zone before a promotion
selection board, but not selected, if SECNAV determines that the
action of that board was contrary to law, or involved material
error of fact or material administrative error, or that the
board lacked some material information for consideration."
Subj:
PERFORMANCE EVALUATION REVIEW BOARD ON CAPTAIN
SMC
e .
Captain
requested a special selection board
ince he was selected by the
FYOl
to the grade of
board and promoted to Captain on 000701 he no longer meets the
criteri
Captain
990101.
pecial selection board to that grade. If
ate of rank adjustment is approved it would be
3.
Point of contact in this matter is Chief Warrant Officer
2
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