DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 4306-07
2 October 2008
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, in effect, removal of the fitness report for 12
July 1996 to 17 June 1997; removal of your assignment to weight
control from 6 June 1997 to 24 August 1998 and consideration by
a special selection board (SSB) for the Fiscal Year (FY) 2000
Lieutenant Colonel Selection Board (you were considered below
zone and not selected by the FY 1999 Lieutenant Colonel
Selection Board, but that was not considered a failure of
selection, so it could not be a basis for SSB consideration).
It is noted that the Commandant of the Marine Corps (CMC) has
directed correcting the contested fitness report by changing the
entry in item 17.a (“Commendatory”) from “No” to “Yes.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 July 2008. 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 Board (PERB) dated 24 April 2007 amended as
indicated in the memorandum for the record dated 30 September
2008, and the advisory opinions from the HOMC Officer Counseling
and Evaluation Section, Personnel Management Division (MMOA- 4)
dated 27 April 2007 and the HQMC Manpower Information
Operations, Manpower Management Information Systems Division
(MIO) dated 20 September 2007, 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 report of the PERB,
as amended, and the advisory opinion from MIO. In this regard,
the Board found it a harmless error that the reviewing officer's
comments, in the contested fitness report, were legibly
handwritten rather than typed as prescribed in the applicable
directive. The Board agreed with the advisory opinion from
MMOA-4 in concluding the correction of item 17.a of the fitness
report at issue would not have appreciably enhanced your
competitiveness for promotion, so your SSB consideration would
not be warranted. 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,
aa S
W. DEAN PF F
Executive Dtinekior
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