DEPARTMENT OF THE  NAVY 

BOARD  F O R C O R R E C T I O N  OF  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  D C   20370-5100 

BJG 
Docket No:  2101-03 
22 October 2003 

Dear ~010- 

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. 

It is noted that the Commandant of  the Marine Corps (CMC) has directed removal of  both 
contested fitness reports, for  14 April to 4 July  1988 and  5 July to 31 December  1988. 

A three-member panel of  the Board  for Correction of  Naval Records, sitting in  executive 
session, considered your application on  22 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 report of  the Headquarters Marine Corps (HQMC) Performance Evaluation 
Review Branch, Personnel Management Division, dated 6 March 2003 with enclosure, and 
the advisory opinion from the HQMC Career Management Team (CMT), dated 
4 March 2003, copies of  which are 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 from CMT in  concluding your failure of  selection by  the Fiscal Year 
(FY) 2003 Reserve Lieutenant Colonel Selection Board, convened on  12 March 2002, should 
stand.  The Board found your  selection would have been definitely unlikely, e v e ~ i f  the 
record presented  to that promotion board  had  not included the fitness reports whose removal 
has been  directed.  The Board recognized you  were selected by  the FY 2004 Reserve 
Lieutenant Colonel Selection Board, convened on  14 January 2003, with an uncorrected 
fitness report record and  status as having failed of  selection for promotion; but  further noted 
your record before that promotion board  included the additional favorable fitness report for 
1 January to  13 September 2002, which  showed your completion of  the Marine Corps 

Command and  Staff College.  In view of  the above, your application for relief beyond that 
effected by  CMC 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, - 

Enclosures 

Executive Direc 

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 P 8 O  RUSSELL  ROAD 

QUANTICO,  VlROlNlA  22 1 3 4 - 5  1 0 3  

IN REPLY REFER TO: 
1610 
MMER 
6 Mar 03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR APPLICATION  IN THE CASE OF MAJOR 

-.. 

USMCR 

Encl:  (1) Copy of CMC ltr 1610 MMER/PERB of 13 Feb 03 

(2) CMC Advisory Opinion 1600 CMT of 4 Mar 03 
(3) Copy of CMC ltr 1610 MMER/PERB of 5 Mar 03 

1.  As evidenced by enclosure  ( I ) ,  PERB removed from Major 

-official 
periods 880414 to 880704  (DC) and 880705 to 881231  (SA). 

military record, the fitness reports for the 

2.  We defer to BCNR on the issue of ~ajor- 
the removal of his failure of selection to the grade of 
Lieutenant Colonel.  Enclosure  (2) is furnished to assist in 
resolving that matter. 

request for 

3.  By enclosure  ( 3 ) ,  this Headquarters provided 
with a copy of the Advisory Opinion contained at-). 

.  . 

Head, Performance Evaluation 
Review Branch 
Personnel Management Division 
By direction of the Commandant 
of the Marine Corps 

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

HEADQUARTERS  UNITED STATES  MARINE CORPS 

8280 RUSSELL ROAD 

QUANTICO,  VIRQINIA  22 1 9 4 - S  1 0 3  

I N  REPLY REFER TO: 
1610 
MMER/PERB 
FEB  1 3 2003 

From:  Commandant of the Marine C o r m  
To : 

Subj:  CORRECTION OF NAVAL RECORD 

Ref : 

(a) MCO 1610.11C 

1.  Per the reference, the Performance Evaluation Review Board 
has reviewed allegations of error and injustice in your Naval 
record.  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.  There will be inserted in your Naval record a memorandum in 
place of the removed reports.. The memorandum will contain 
appropriate identifying data concerning the reports and state 
that they have been removed by direction of the Commandant of 
the Marine Corps and cannot be made available in any form to 
selection boards and reviewing authorities.  It will also state 
that such boards may not conjecture or draw any inference as to 
the nature of the reports or the events which may have 
precipitated them, unless such events are otherwise properly a 
part of the official record.  The Automated Fitness Report 
System (the data base which generates your Master Brief Sheet) 
will be corrected accordingly. 

3.  The Commandant of the Marine Corps is not empowered to grant 
or deny the removal of failure(s) of selection from a Naval 
record.  Accordingly, your case will be forwarded to the Board 
for Correction of Naval Records  (BCNR) for consideration of that 
issue. 

By direction 

DEPARTMENT OF THE NAVY 

HEADQUARTERS  UNITED STATES MARINE CORPS 

3 2 8 0  RUSSELL ROAD 

QUANTICO, VIRGINIA  22134-5103 

IN REPLY REFER TO: 

1600 
CMT 
4 Mar 03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

1.  We have reviewe 
failure of s e l e c t i o m  the removal of the two 
fitness reports and recommend disapproval based on the below 
rationale. 

' 

.  : 

-  request for removal of his 

2.  The two fitness reports in question, a directed change 
report for the period 880414 to 880704 and a semi-annual report 
880705 to 881231 cover a total of eight and a half months of a 
15-year career at the time of FY03 Lieutenant Colonel USMCR 
Board.  As a lieutenant he never broke out from his peers, being 
rated above 3, with 4 and below 15.  Furthermore, on the fitness 
report for the period 870310 to 870910, the reviewing officer 
did not concur with the reporting senior on the judgment marking 
and would have marked him down to above average.  As a Captain 
he was rated below 4 of his peers and above 3. His record as 
Major shows improvement and growth, and he consistently ranks 
near the top of the reporting senior's marks.  However, when his 
entire record is viewed as a whole, and recognizing the 
competitive nature of the selection process,he consistently 
ranked below his peers and did not break out until late in his 
career.  The removal of the two fitness reports does not 
substantially change his overall performance as reflected in his 
record. 

3.  Our point of contact i w e n n e t t  a-