DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 7198-08
li December 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 consideration by a special selection board for the
Fiscal Year (FY) 2007 Lieutenant Colonel Selection Board, before
which you were in an above-zone status, or promotion to
lieutenant colonel as if selected by the FY 2007 Lieutenant
Colonel Selection Board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 December 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, the Board’s files on the cases of another
Marine officer of the same name and middle initial as yours
(docket numbers 1029-06 and 3637-07), your naval record and
applicable statutes, regulations and policies. In addition, the
Board considered the advisory opinion from Headquarters Marine
Corps dated 10 September 2008, a copy of which is attached, and
your counsel's letter dated 7 December 2008 with enclosures.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted wa:
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 other officer with the same name and middle
initial as yours, whose in-zone failure of selection by the FY
2007 Lieutenant Colonel Selection Board this Board directed
removing, the Board found this relief was granted on the
erroneous basis that his record considered by the FY 2007
promotion board did not include his update materials. 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,
\ oa,
W. DEAN P
Executive \Di to
Enclosure
Copy to:
ape,
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