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
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