DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 03490-08
14 August 2009
Thig ig 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 reguested, in effect,
further consideration of the denial of your request for removal
of a fitness report from your Official military Personnel File
(OMPF), and a new request that certain documents and references
specified in your application be removed from your OMPF, and
that your name be returned to the list of officers to be
promoted to lieutenant colonel for fiscal year 2007 (FY 07), or
in the alternative, that you be accorded a special selection
board. The Board did not reconsider your original application as
you did not submit new material evidence or other matter that
was not reasonably available to you at the time of your initial
application.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 July 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 opinion furnished by the Director, Manpower Management
Information Systems Division, Headquarters, United States Marine
Corps, datedl1 August 2008, a copy of which is attached, and
your response thereto. ,
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
concerning the filing of documents in your OMPF and the removal
of your name from the FY-07 lieutenant colonel selection list.
The Board concluded that the documents in question were filed in
your OMPF in substantial compliance with governing directives,
and that you have not demonstrated that the presence of any of
the documents in your record resulted in material error or
injustice. The Board noted that several of the documents were
filed in response to matters you raised in rebuttals to other
records that had been referred to you for review and possible
comment. The Board did not believe that any useful purpose would
have been served by the type of serial referral/rebuttal process
that you imply should have occurred in your case. In addition,
the Board was not persuaded that law enforcement records and
information concerning your mental health were improperly filed
in your OMPF.
With regard to the issue of whether you attempted to commit >
‘suicide or merely made a suicidal gesture, the Board concluded
that there is no material difference between a suicide attempt
and a gesture in your case, as the outcome of your case would
not have been affected by a different characterization of your
actions. It appeared to the Board, however, that you did not
intend to end your life when you took an overdose of medication
on 28 March 2006. In this regard, it noted you called a mental
health provider to report the overdose and then called for help.
Erom your co-workers. In addition, the medication you take is
not particularly lethal, and the exact amount of that medication
you took is unknown.
The Board concurred with the opinion of the Commandant of the
Marine Corps, who advised the Secretary of the Navy in
correspondence dated 21 September 2006, in effect, that your
suicidal gesture, while indicative of a serious illness, raised
significant questions about your ability and capacity to perform
as a lieutenant colonel, and that the determination that you
were fit for full duty notwithstanding your mental disorder was
not equivalent to a finding that you were qualified for
promotion. The Board was unable to conclude that the Secretary
erroneously or unjustly removed your name from the FY 07
lieutenant colonel selection list, or that you should be
accorded promotion consideration by a special selection board.
In view of the foregoing, 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,
NAVY | BCNR | CY2002 | 06104-02
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
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 | CY2001 | 00098-01
The Board did not consider this request, because this investigation report is not in his record. Petitioner also argued that the Finally, he asserted the reviewing h. Enclosure (2) is the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) in Petitioner ’s case, reflecting their decision to deny his request to remove the contested fitness report. The memorandum for the record at enclosure (7) reflects that both the contested adverse fitness report and...
NAVY | BCNR | CY2007 | 03198-07
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 noted that the corrections to your fitness report record, which were directed by the HQMC Performance Evaluation Review Board and not this Board, were not effected until after the FY 2008 Lieutenant Colonel Selection Board had adjourned on 22 September 2006. Subsequently, he...
NAVY | BCNR | CY2006 | 06678-06
DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 2O370 -5100BJGDocket No: 6678-0617 November 2005This 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 removing the fitness reports for 1 June 2004 to 9 May 2005 and 9 May to 30 June 2005, as well as your failure of selection by the Fiscal Year (FY) 2007 Lieutenant Colonel Selection Board.It...
NAVY | BCNR | CY2010 | 09308-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 16 September 2010. Documentary material considered by the Board consisted of your current application, together with all material submitted in support thereof, the Board's files on your prior cases (docket numbers 07213-07 and 08633-09), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2002 | 02993-02
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 opinion furnished by Headquarters Marine Corps, dated 31 May 2002, and the memorandum for the record dated 18 August 2003, copies of which are attached. Lieutenant Colonel completed the Marine Corps Command and Staff course in 1995.
ARMY | BCMR | CY2011 | 20110016774
The applicant defers statements to counsel: COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: Counsel states: a. the applicant was selected as an alternate to attend the Command and General Staff College (CGSC) and Logistics Executive Development Course (LEDC) on 27 January 2003; as a candidate to attend the resident LEDC in November 2003; however on 24 January 2003, he was mobilized in support of Operation Enduring Freedom for one year and unable to attend either course; b. during this...
NAVY | BCNR | CY2001 | 05329-01
Your last request was not considered, as you have not been selected for or promoted to lieutenant colonel. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has Date of Report Reportin gSenio r Period of Report 11 Apr 00 There will be inserted in your Naval record a memorandum in 2. Performance Evaluation Review Board (PERB) to record and e FY02 USMC remove the To He successfully...
NAVY | BCNR | CY1998 | 07639-98
The new statements at enclosures (2) through (4) of your current application, among these a statement from the reviewing officer who acted on your fitness report at issue, did not persuade them that this report should be removed. 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, Major Performance Evaluation Review Board for removal from the record of...