Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 01228-03
Original file (01228-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  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  NAVY  ANNEX 

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

BJG 
Docket No:  1228-03 
17 October 2003 

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  17 October 2003.  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 6 and 
18 March  2003, copies of  which  are attached.  The Board also considered your rebuttal letter 
dated  17 June 2002 (sic) with enclosures. 

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  was  unable to find undue administrative delay in your 
removal from the Fiscal Year  (FY) 2001 Captain Promotion List on  7 May 2001, so it was 
unable to find you  should have been  considered by  the FY  2002 Captain Selection Board, 
which  convened on  13 February 2001.  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 prohable material error or injustice. 

Sincerely, 

Executive Direc 

Enclosures 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARJNE CORPS 
MANPOWER AND RESERVE AFFAIRS DEPARTMENT 

HARRY LEE HALL, 17 LEJEUNE ROAD 

QUANTICO, VIRGINIA 22134-5104 

IN REPLY  REFER TO: 
1412/1 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  ADVISORY OPINION IN THE CASE OF CAPT 

USMC 

1.  If Capta 
his date of 
is the date of rank he would have received upon selection from 
the FY02 USMC Captain Selection Board. 

request for backdating is approved, 
fective date will be 1 August 2001.  This 

2.  Point of contact 

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

HEADQUARTERS  UNITED STATES  MARINE  CORPS 

3 2 8 0  RUSSELL  ROAD 

QUANTICO, VIRGINIA  2 2 1  3 4 - 5 1  0 3  

I N  REPLY  REFER  TO: 

1600 
MMOA - 4 
18 Mar 03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,  BOARD FOR CORRECTION 

OF NAVAL RECORDS 

Subj:  BCNR PETITION FOR CAPTAI- 

Ref:  BCNR Request for Advisory Opinion in the case 

. ~... - 

of Captain 

of 26 Feb 03 0 llOllCmc 

- 

1.  Recommend disapproval of c a p t a i n a r e q u e s t  for 
back-dating his date of rank. 

2.  Per the reference, we reviewed Capt 
and petition.  ~ a ~ t a i e w a s  
select 
the FYOl USMC Captain Promotion Board, but his promotion 
was withheld by the Secretary of the Navy.  captain- 
was not considered by the FY02 Board.  C a p t a i l a s  
subsequently selected for promotion from the Above-Zone on 
the FY03 USMC Captain Selection Board.  Captain Legge 
requests back-dating of his date of rank. 

no justification for back-dating 

3.  captain-rovides 
other than not being considered by the FY02 Board.  His 
record before the FY02 Board should have included two 
additional reports since the FYOl Board.  The first report 
was adverse and contained documentation of his alcohol 
related incidents and NJP.  The second report was not 
observed.  Captai-record 
contained three additional, very strong reports, which 
dramatically increased the competiveness of his record. 

before the FY03 Board 

4.  In our opinion, captai- 
appeared before the FY02 Board would not have been 
competitive for promotion.  The three additional reports, 
that appeared before the FY03 board, were the primary 
reason for his selection on that board.  We recommend 
disapproval of his request back-dating his date of rank. 

record as it would have 

Subj :  BCNR PETITION FOR CAPTAIN 

5.  POC is 

.4ilmmqm 
-  .

- . 

.

.

a

t

 

Head, Officer Counseling and 
Evaluation Section 
Officer Assignment Branch 
Personnel Management Division 



Similar Decisions

  • NAVY | BCNR | CY2001 | 05507-01

    Original file (05507-01.pdf) Auto-classification: Denied

    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. 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. This is the date of rank he would have in this matter is Chief Warrant Officer 2 DEPARTMENT OF...

  • NAVY | BCNR | CY2002 | 07503-02

    Original file (07503-02.pdf) Auto-classification: Approved

    As indicated in enclosure Performance Evaluation Review Board (PERB) has directed the requested correction of Petitioner’s fitness report record. (3), the HQMC office having cognizance PeCltioner’s request to strike his failure of selection for promotion CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the (3), the Board finds the existence of an injustice warranting limited contents of enclosure relief, specifically, removal of Petitioner...

  • NAVY | BCNR | CY1998 | 08224-98

    Original file (08224-98.pdf) Auto-classification: Denied

    The Board substantially concurred with the comments contained in the report of the PERB in finding that no correction of your fitness report record was warranted. 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. Subsequently, he unsuccessfully petitioned the Performance Evaluation Review Board (PERB) for removal of the fitness report for the period 970125-970731 and...

  • NAVY | BCNR | CY2001 | 05661-00

    Original file (05661-00.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 30 August 2000 5661-00 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: C REVIEW OF NAVAL RECORD u s . (l), PERB removed from Captain the fitness report for the We defer to BCNR on the issue of Captai 2. the removal of his failure of selection to Enclosure (2) is furnished to assist in res By enclosure 3. with a copy of the Advisory Opinion...

  • NAVY | BCNR | CY2001 | 03977-01

    Original file (03977-01.pdf) Auto-classification: Approved

    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 major he would have been assigned had he been selected for promotion to that grade by the Fiscal Year originally specifically requested that his major date of rank and effective date be changed to 1 June 2000, but the...

  • NAVY | BCNR | CY2002 | 06104-02

    Original file (06104-02.pdf) Auto-classification: Denied

    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. 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...

  • NAVY | BCNR | CY2001 | 02041-01

    Original file (02041-01.pdf) Auto-classification: Denied

    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 | CY1999 | 00359-99

    Original file (00359-99.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 4 May 1999 with enclosure, a copy of which is attached. requested continuation in an active status in 2. captai- order to be considered by the FY-00 Naval Reserve 0-7 Line Promotion Board which convened on 8 February 1999. NPC-911 is responsible for Naval Reserve Continuation Boards.

  • NAVY | BCNR | CY2003 | 02101-03

    Original file (02101-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2003. Having reviewed all the facts of record, the Board has directed that your Naval record will be corrected by removing therefrom the following fitness reports: Date of Report Reporting Senior Period of Report 13 Jul 88 9 Jan 89 Capt Capt P 880414 to 880704 (DC) 880705 to 881231 (SA) 2. The Commandant of the Marine Corps is not empowered to grant or...

  • NAVY | BCNR | CY2002 | 00955-00

    Original file (00955-00.pdf) Auto-classification: Denied

    The Board's opinion, 4. vote, is that Report A should remain a part of Captain official military record. Performance Evaluation Review Board (PERB) for removal of the Directed by the Commandant of the Marine Corps fitness report of 980117 to 980904. failures of selection. Performance Evaluation Review Board (PERB) for removal of the Captain record and SMC Major he successfully petitioned the Duty fitness report of 940201 to 940731. requests removal of his failures of selection.