DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ;
WASHINGTON DC 20370-5100
HD:hd
Docket No. 03870-08
8 May 2008
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
Your counsel's brief in support of your application, at page 2,
reflects a request for "removal of any adverse FITREPS [fitness
reports] from 2001 to 2004 and to be reinstated on Active Duty
with a promotion retroactive to August 1, 2004." The "Requested
Relief" section, at page 11, reflects a request that you "be
granted retroactive promotion to the grade of Lieutenant
Commander and Active Duty status effective the date of the FY
[Fiscal Year] 2004 LCDR [Lieutenant Commander] selection board"
and that you be awarded the back pay and allowances due you or,
in the alternative, that a special selection board be convened
"to consider [your] candidacy for promotion." As you have been
promoted to lieutenant commander, pursuant to selection by the
FY 06 Reserve Staff Lieutenant Commander Selection Board, your
request for promotion has been treated as a request to adjust
your lieutenant commander date of rank and effective date to
reflect selection by the FY 04 Active Duty Staff Lieutenant
Commander Selection Board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 May 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
advisory opinions furnished by the Navy Personnel Command dated
12 September, 22 October, 13 December and 19 December 2007 and
3 January 2008, copies of which are attached. The Board also
considered your counsel's letter dated 31 March 2008 with
enclosure.
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 advisory opinion dated 19 December 2007
concerning your fitness reports. The Board noted that your
fitness report record made no mention of the matters cited in
the record of counseling dated 18 July 2002. Further, the Board
could not accept your assertion that the allegations mentioned
in that document were unfounded, so the Board found it would not
be objectionable if those allegations did influence the
evaluation of your performance. Since the Board found no defect
in your fitness report record, and it could not find that
members of the FY 04 Active Duty Staff Lieutenant Commander
Selection Board were aware of the charges that were brought
against you and then dismissed, it had no grounds to grant any
of the relief requested. 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,
La Reset
W. DEAN PF FHR
Executive Dire F
Enclosures
Copy Oe
NAVY | BCNR | CY2013 | NR7775 13
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The front page of his fitness report for 18 March to 25 July 2008, a copy of which is at Tab B, verifies he had a first class PFT score of 205. d. In enclosure (2), the Headquarters Marine Corps Enlisted Promotion Section commented to the effect Petitioner’s request should be denied, as he “chose not to take his PFT making him unqualified for extension or reenlistment.” e. Enclosure (3) is Petitioner’s reply to enclosure (2), detailing the circumstances that prevented him from taking...
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Pursuant to the provisions of reference (a) , Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the date of rank and effective date of his promotion to gunnery sergeant (pay grade E-7) from 1 July 1994 to 1 July 1993; and changing the date of rank and effective date of his promotion to master sergeant (pay grade E-8) from 1 April 2001 to 1 April 2000, to reflect...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
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It is requested that this Board be furnished a copy of any correspondence relating to the enclosure; and that this letter and a copy of the enclosure be returned to the Board, together with any documentary material directed to be removed.Bydirection DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2NAVYANNEX WASHINGTON DC 20370-5 100JSR Docket No. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed all the...
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This is in naval reco United Sta You requeste May 2006 ar Year (FY) 40 DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 7414-08 4 September 2008 reference to your application for correction of your d pursuant to the provisions of title 10 of the es Code, section 1552. d removal of the fitness report for 6 April to 31 hd all documentation of your removal from the Fiscal 07 Lieutenant Colonel Promotion List; reinstatement to that...