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 prqmotion list and promotion to lieutenant colonel with
a date of a
your deemed
Colonel Sell
failure of
Board.
e
Ss
A three-memb
Records, sik
application
injustice we
regulations
Board. Doc
of your appl
support ther
regulations
advisory opi
April 2008 a
Review Board
attached, an
ank and effective date of 1 January 2007; removal of
failure of selection by the FY 2007 Lieutenant
ction Board; and, by implication, removal of your
election by the Fy 2009 Lieutenant Colonel Selection
er panel of the Board for Correction of Naval
ting in executive session, considered your
on 4 September 2008. Your allegations of error and
re reviewed in accordance with administrative
and procedures applicable to the proceedings of this
ymentary material considered by the Board consisted
ication, together with all material submitted in
eof, your naval record and applicable statutes,
and policies. In addition, the Board considered the
nion from Headquarters Marine Corps (HOMC) dated 21
nd the report of the HQMC Performance Evaluation
(PERB) dated 30 July 2008, copies of which are
d your counsel’s letter dated 28 August 2008.
After cayeful and conscientious consideration of the entire
record, tthe Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or jinjustice. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion
and the report of the PERB.
Although tthe fitness report at issue did not expressly state you
were relieved of command, the Board noted that the reporting
senior (RB) did state, in section I (“Directed and Additional
Comments”), that you were “not qualified to command” and that
the RS “would not allow [you] to lead Marines in ithe RS’s]
command in the future.” The Board was unable to find your
primary duty was not “future operations officer” as shown in
section A, item 4 of the fitness report. Finally, the Board
found the|provisions of Chief of Naval Operations Instruction
In view off 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,
Lo
W. DEAN PFE
Executive Di tor
Enclosure
Copy to:
NAVY | BCNR | CY2006 | 03139-06
You further requested removing your failure of selection by the Fiscal Year (FY) 2007 Active Reserve Lieutenant Colonel Selection Board, on the basis that your record, as it was presented to that promotion board, included the contested original report, it did not include the revised report, and you allege it reflected identical RO marks and comments in the fitness reports for 1 July 2003 to 30 June 2004 and 1 July to 20 December 2004. Documentary material considered by the Board consisted...
NAVY | BCNR | CY2007 | 05658-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370~s 100BJGDocket No:05658-0720 July 2007This 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, that the fitness report for 4 June 2005 to 30 June 2006 be modified, in accordance with the reporting senior (RS) ‘s letter dated 17 Nay 2007, by raising the marks in sections D.l...
NAVY | BCNR | CY2009 | 01229-09
Documentary material considered by the Board consisted of the enclosures (except enclosure (2)), naval records, and applicable statutes, regulations and policies. The Board finds Petitioner’s FY 2009 and 2010 failures should be removed as well, since the marks cited above were in his record for both of the promotion boards concerned, and removing all failures is necessary to restore Petitioner to the status he enjoyed, before the FY 2008 Lieutenant Colonel Selection Board, as an officer who...
NAVY | BCNR | CY2007 | 10212-07
It is presumed you desire removing that failure of selection as well.Concerning the report for 1 August to 1 November 1999, you requested removing from section K.4 (reviewing officer’s (RO’s) comments) the sentences “He has valuable experience from prior MOS~ [military occupational specialty] billets that he needs to apply towards his current MOS.” and “His ground duties managerial/leadership aggressiveness needs to improve.” it is noted that the Commandant of the Marine Corps (CNC) has...
NAVY | BCNR | CY2006 | 07196-06
As reflected in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed removing the contested section K’s and the word quiet,” and HQMC has modified the report for 1 August 1999 to 29 February 2000 to show “CAPT” (captain) vice “MAJ” (major) in section A, item i.e (grade). If Petitioner is correct that he did not receive a copy of the report when it was completed, the Board finds this would not be a material error warranting relief, as...
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 | CY2007 | 09077-07
By letter dated 7 June 2005, the Commandant of the Marine Corps (CMC) recommended to the Secretary of the Navy (SECNAV) that Petitioner’s name be withheld from the FY 2006 Colonel Promotion List. This advisory stated he was withheld from the FY 2006 promotion list because of the adverse fitness report (which had not yet been removed), and that without the report, his record is “obviously competitive.” Petitioner was not considered by the FY 2007 Colonel Selection Board. p. Enclosure (15)...
NAVY | BCNR | CY2008 | 00356-08
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...
NAVY | BCNR | CY2007 | 02719-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100BJGDocket No:2719-0725 June 2007This is in reference to your letter dated 14 March 2007 with enclosures requesting correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.You requested that the fitness report for 17 August to 31 December 2004 be modified by changing section I (reporting senior (RS) comments) to reflect “Promote at soonest...
NAVY | BCNR | CY2009 | 09788-09
In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...