D E P A R T M E N T O F T H E  N A V Y  

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2 N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

BJG 
Docket  No:  337-02 
15  March  2002 

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,  in  effect, 
promotion  to  lieutenant  colonel  eft'ecti~e I  October  1999, and  further correction  of  your 
record  to  show  you  were  recalled  to  active duty on  19  November  2001  as a  retired  lieutenant 
colonel,  rather  than  a  rc'tircd  ~llfijor. 

A  three-lnember pallel  01'  ~lle I3oa1-d for  Correction  of  Naval  Records,  sitting  in  executive 
session, considered  your  application  on  I4  March  2002.  Your  allegations of  error  and 
injustice  were  reviewed  in  ;~ccordance \\,it11  administrative regulations and  procedures 
applicable to  the  proceedings  of  this  Roartl.  Documentary  material  considered  by  the  Board 
consisted  of  your  appl icatioli,  together  with  all  ~naterial submitted  in  support  thereof,  your 
naval  record  and  applicable  statlltes,  re~ulations atid  policies. 
considered  the  advisory  opinion  furnished  by  Headquarters  Marine Corps,  dated 
1 February  2002, and  a  memorandum  for  the  record  (MFR) dated  11  March  2002, copies of 
which  are attached.  They  also considered  your  rebuttal  letter  dated  11 March  2002. 

In  addition, the  Board 

After careful  and  conscientious  consideration  of  the entire ruord, the Board  found that  the 
evidence submitted  was  insufficient to  probable  material  error  or injustice.  In  this 
connection,  they  substantially concurred  with  the comments contained  in  the advisory 
opinion.  They  found  the  laws  concerning  removal  from a  promotion  list are inapplicable to 
your case, as  you  were  not  placed  on  a  promotion  list.  They  agreed  with  your  contention 
that  your  retirement  could  have  been  cancelled,  had  you  submitted a request  for such action 
before  your  retirement  had  been  effected.  However,  they  were  unable to find  that  you  would 
have  submitted  such  a  request,  had  you  known  of your  selection  for  promotion. 
regard,  they  particularly  noted  the  following:  your  having  put  in  for  retirement  before you 
knew  the  outcome of  the  Fiscal  Year  2000  Lieutenant  Colonel  Selection  Board;  your  not 
having submitted  a pl~otograph, or any  update  material,  to  the selection  board;  and  the 
information  reflected  in  the  MFR.  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. 

In  this 

It  is  regretted  that  the circulnstances 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  iniportant  to  keep  in  mind  that  a presump'tion of  regularity  attaches  to all official 
records.  Consequently, when  applying  for a correction  of  an  official  naval  r c b L x l r r i ,   the 
burden  is on  the applicant  to  de~nonstr-ate the existence of  probable  material error or 
injustice. 

Sincerely, 

W.  DEAN  PFEIFFER 
Executive Director 

MEMORFWDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR APPLICATION IN THE CASE 

Ref: 

MMER Route Sheet of 24 Jan 02 
ALNAV 021/99 (Dtg 0220272 APR 99) 
SECNAVINST 1811.3M 
MARADMIN 408/99  (DTG 1621122 SEP 99) 
MCO P1400.31B 
Title 10 U.S.C. 

1.  Reference  (a) requested an advisory opinion in the case of 
g
a lieutenant colonel, not major. 

requesting to return to active duty as 

s

 

2.  The following facts are germane: 

a. 

as considered as an in zone officer by the 

FYOO USMC Lieutenant Colonel Promotion Selection Board which 
convened on 981109.  No update material or photo was submitted to 
the board. 

b.  MMSR approve- 

request for retirement with 

an effective date of 990501.  He began terminal leave on 990220. 

c.  Reference  (b) announced those officers selected for 

promotion to lieutenant colonel by the FYOO USMC Lieutenant 
Colonel Promotion Selection Board. 
select number of 243 and would not have been promoted until 
99lOOl. 

as listed with a 

d.  Reference  (c) states  "...officers retired voluntarily 

shall be retired in th 
satisfactorily held ..." 
grade of Major effecti 

issioned officer grade 
luntarily retired in the 

e.  Due t 

retirement on 990501, his selection 

to lieutenant colonel was nullified. 

f.  Reference  (f) states "...a retired member ordered to active 
duty under section 688 of this title shall be ordered to active 

duty in the member's  retired grade.") Reference  (d) announced 
those officers authorized to be promoted with an effective date 
of 991001. 
MARADMIN. 

was not among those officers named on the 

ated that he was never notified by HQMC of 

g -  
his sel 
lieutenant colonel by the FYOO USMC Lieutenant 
Colonel Promotion Selection Board.  Advance notification of the 
board results was published via a Personal For  (P4) message 
which was released 990331 and sent to the Commanding General, 
Marine Corps Development Command.  Notification of selection 
a promotion board is routinely accomplished via ALNAV1s. 
ALNAV'S  are distributed Navy and Marine Corps wide. 
Additionally, ALNAV 021/99 was posted at the MMPR-1 web page 
immediately upon release. 

h. 

rther states that because he did not know 

of his selection, he was never given the 
or decline promotion.  Per references (d) and  ( 
would first have to be offered promotion  (promotion authority 
released as a MARADMIN or other message) before he could accept 
or decline.  Since his selection was nullified at the time of 
his retirement, his name did not appear on reference  ( d ) .  
Therefore, he was not offered promotion to lieutenant colonel 
and there was no need to accept or decline. 

i.  Reference  (f) states "...a retired member ordered to 

active duty under section 688 of this title shall be ordered to 
active duty in the member's  retired grade." 

3.  r
would be 991001. 

e

q

u

e

s

t

 were approved, his date of rank 

4.  The point of contact in this matter is Chief Warrant Officer 

=Tor-I  P . s .   Marine Corps 
Head, ufficer Promotion Section 

DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS  (BCNR) 

PERFORMANCE SECTION 
2 NAVY  ANNEX,  SUITE 2432 
WASHINGTON, DC  20370-5100 

TELEPHONE:  (703) 614-2293 OR  DSN 224-2293 
FACSIMILE:  (703) 614-9857 OR  DSN 224-9857 

MEMORANDUM FOR THE RECORD 

DATE:  IFMAR -02 

DOCKET NO/- 

PETITIONER  (PET): 

PARTY  I CALLED:  PET 

. " .  

WHAT I SAID:  I  ASKED PET  IF HE WOULD  HAVE BEEN WILLING  TO SERVE AT 
LEAST  ANOTHER  TWO YEARS,  OR  UNTIL  10CTO1, SO HIS PENSION WOULD 
VEST  IN  THE GRADE OF LTCOL. 

WHAT PARTY  SAID:  PET  SAID THAT  HE COULD  NOT  ANSWER THAT QUESTION 
IN  THE AFFIRMATIVE. 

m*n* ,?l 

BRIAN J.  GEORGE