DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 6104-02
7 October 2002
SMCR
Dear
Co1
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 3 October 2002. 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
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 opinion furnished by Headquarters Marine Corps dated 26 July 2002,
and a memorandum for the record, dated 23 September 2002, copies of which are attached.
Finally, they considered their file on your prior case, docket number 129 l-01.
I3oard
2oo0, 2001 or 2002 Reserve Lieutenant Colonel Selection
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. The Board was unable to find you probably would have been selected for
promotion by the Fiscal Year (FY)
Board, had you enjoyed the benefit of a corrected fitness report record and status as not
having failed of selection.
In this regard, they particularly noted that had the later removed
fitness report for 1 January to 27 July 1997 not been in your record before the FY 2000 and
2001 promotion boards (convened on 13 April 1999 and 11 April 2000, respectively), your
record would have reflected no fitness report at all since 31 December 1996. They further
noted that had you been presented to the FY 2002 promotion board (convened on
27 March 2001) as not having failed of selection, your fitness report record, which had been
corrected, would have reflected only one fitness report, for 10 March to 3 1 December 2000,
since 31 December 1996. 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.
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.
In this regard, it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosures
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORP
D
3280 RUSSELL ROA
QUANTICO. VIRGINIA 22
134-5 103
Y
S
To:
IN REPLY REFER
160 0
CMT
26 July 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR
CORRECTION OF NAVAL RECORDS
Subj:
RESERVE AFFAIRS ADVISORY OPINION
CASE OF LIEUTENANT COLONEL
ON BCNR APPLICATION;
Ref:
(a) BCNR
MC0
(b)
P1400.34B
ltr BJG/Docket No: 1291-02 dtd
1.
Recommend Lieutenant
date his date of rank and
following justification is provided.
Co10
ret
2 Jul 01
request to
isapproved.
back-
The
2.
Lieutenant Colone
of rank is based on t
prior failures of selection'from his record
FY02).
the FY03 selection board.
equest to adjust his date
rence (a) removed three
FYOl and
He was subsequently considered in-zone and selected on
(FyOO,
This included fitness reports dated through December 2001
3. Lieutenant Colon
selection board was
OMPF.
as well as personal correspondence sent to the board in March
2002.
select him,
rank is appropriate.
Because this material was used in the board's decision to
current date of
selection on the FY03
licable material in his
Lieutenant Colone
The selection process and date of rank assignment of a
4.
regularly scheduled board is different than that of a special
selection board (SSB).
will be modified or retracted to exclude all material received
after the date the regularly
convened.
due to a regularly scheduled board using all
OMPF and not a special selection board using a modified OMPF,
his date of rank is correct and should not be adjusted.
Per reference (b), in an SSB, records
Since Lieutenant Colonel
material
sched
have
election was
in his
5.
Point of contact'
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:
23SEP02
DOCKET NO: 6104-02
PETITIONER (PET):
PARTY CALLED
TELEPHONE #: N/A
WHAT I SAID: I ASKED JANE WHAT HIS CURRENT DOR AND EFF DATE IS, AND
WHAT HE WOULD HAVE RECEIVED HAD HE BEEN SEL BY THE FY-00 USMCR
LTCOL SEL BD.
WHAT PARTY SAI
DATE IS
SEL BY THE FY-00 USMCR LTCOL SEL BD.
lMAR02, AND THAT HIS IT WOULD HAVE BEEN lJUL99 HAD HE BEEN
ORMED ME THAT HIS CURRENT ’DOR AND EFF
NAVY | BCNR | CY2003 | 06669-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2003. Sincerely, Executive Directo Enclosures DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VlROlNlA 22134-5103 IN REPLY REFER TO: 1600 CMT 8 Sep 03 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: RESERVE AFFAIRS ADVISORY OPINION ON BCNR APPLICATION: CASE OF COLONEL USMCR 1. ...
NAVY | BCNR | CY2002 | 07688-02
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected that to show that he did not fail of selection by the Fiscal Year (FY) 2002 Active Reserve Major Selection Board. The Board, consisting of Messrs. McBride, allegations of error and injustice on 7 November 2002, and pursuant to its regulations, determined that the corrective action indicated below...
NAVY | BCNR | CY2002 | 01252-02
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel he would have been assigned had he been selected for promotion to that grade by the (FY) 2002 Lieutenant Colonel Selection Board, vice the FY 2003 Lieutenant Colonel Selection Board. That Petitioner...
NAVY | BCNR | CY2002 | 02993-02
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 opinion furnished by Headquarters Marine Corps, dated 31 May 2002, and the memorandum for the record dated 18 August 2003, copies of which are attached. Lieutenant Colonel completed the Marine Corps Command and Staff course in 1995.
NAVY | BCNR | CY2001 | 02041-01
Performance Evaluation Review Board (PERB) for removal of the record and 02 USMC He petitioned the porting Senior fitness report of 980831 to 990731. requests removal of his failures of selection. Performance Evaluation Review Board He failed selection He petitioned the (PERB) for removal of the rting Senior fitness report of 980831 to 990630. equests removal of his failures of selection. Head, Personnel Management Support was removed from the OMPF on 5 October emphatically states that the...
NAVY | BCNR | CY2002 | 08216-01
Humberd and Suiter and Mr. Lippolis, reviewed Petitioner’s allegations of error and injustice on 15 August 2002, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. That Petitioner’s naval record be corrected to show that on the date of this Report of Proceedings,...
NAVY | BCNR | CY1999 | 08387-97
The fact that the MMOA-4 advisory opinion dated 29 November 1995 did not compare your record with a sampling of records of your peers from the FY 1996 Major Selection Board. In your previous case, you requested removal of your failures by the FY 1996 and 1997 Major Selection Boards, and remedial consideration for promotion. DEPARTMENT OF THE NAVY OFFICE OF THE SECRETARY 1000 NAVY PENTAGON WASHINGTON, D.C. 20350-1000 15 February 2000 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR...
NAVY | BCNR | CY2002 | 08303-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 8303-01 4 January 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: two REVIEW OF NAVAL RECORD , USM Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 dtd 8 Nov 01 w/attachments (2) HQMC MMOA-4 memo dtd 7 Dee 0 1 (3) Memo for record dtd 11 (4) Subject ’s naval record Dee 01 Pursuant to the provisions of reference (a), Subject,...
NAVY | BCNR | CY2002 | 00337-02
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. 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. Per references (d) and ( would...
NAVY | BCNR | CY2002 | 08080-02
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 12 September 2002, and two memoranda for the record, dated 16 October and 20 November 2002, copies of which are attached. letter from him to the Commandant of the Marine Corps, and endorsed by both reporting officials. rmance Evaluation Review Board Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine...