DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N OF N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
BJG
Docket No: 6669-03
20 October 2003
Dear Colone-
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 adjustment of your colonel date of rank and effective date to reflect selection
by the Fiscal Year (FY) 2002 Reserve Colonel Selection Board, rather than the FY 2004
Reserve Colonel Selection Board.
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. The Board also considered its
file on your previous case, docket number 10443-02. In addition, the Board considered the
advisory opinion furnished by Headquarters Marine Corps, dated 8 September 2003, and the
memcrsandmn for the record dated 15 Octcrher 7003, copies of which are attached. Finally,
the Board considered your electronic mail dated 14 October 2003.
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 recognized you were selected by the first promotion board to consider you after
your record was corrected; and they further recognized that in your previous case, the same
office that provided the unfavorable advisory opinion on your current case stated "It is likely
[your] competitiveness for promotion would have been considerably improved if [the fitness
report from which the reviewing officer marks and comments were removed] was not in
[your] record." The Board also understood that the issue in your case is not to determine
why you were selected by the FY 2004 promotion board, or whether the removed material
was the sole or significant factor contributing to your failures of selection by the FY 2002 and
2003 promotion boards; rather, it is to determine whether your selection would have been
probable, had you enjoyed the benefit of a corrected record. However, the Board was unable
to find your selection by either the FY 2002 or 2003 Reserve Colonel Selection Board would
have been probable, had your record been corrected.
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 probable material error or injustice.
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. We have reviewed Colonel
request for adjustment of
date of rank, lineal precedence number, and pay/allowances based
on previous board non-selections and subsequent selection on the
FY04 board. We recommend disapproval of all requests based on
the following rationale.
2. While it appears that ~ o l o n e l ~ s u b m i t t e d adequate
material for the FY02-04 boards, it should be noted that during
the FY04 board on which she was selected for promotion, there
were an additional four fitness reports covering the period from
30 Mar 2001-30 Nov 2002 that were not part of her record when
she was ori ina *,
substantiate that the
s R
* removed
factor for failures of selection during the FY02 or FY03 board
or its removal constituted the reason for selection during FY04
and therefore does not recommend the adjustment of the requested
items.
significant contributing
Point of contact is ~a-
at
-.-.
--
By direction
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: 150CT03
DOCKET NO:
PETITIONER (PET)
SMCR
PERSON I CALLED. c, HQMC MMPR-1
WHAT I SAID: I AS
WHAT DOR AND E
SEL BY THE FY-02 USMCR COL SEL BD.
AT PET'S CURRENT DOR AND EFF IS, AND
LD HAVE BEEN ASSIGNED HAD SHE BEEN
WHAT PARTY SAID-TATED
DATE IS 1JUL03, AND HER DATE OF RANK AND EFF DATE WOULD HAVE BEEN
lOCTOl HAD SHE BEEN SEL BY THE FY-02 SEL BD.
THAT PET'S CURRENT DOR AND EFF
COMMENTS : NIA
BRIAN J. GEORGE
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