Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 08226-08
Original file (08226-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

JSR
Docket No: 8226-08
28 August 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.

It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying your performance record, as you requested, by
removing, from the fitness report for 11 March to 1 July 1997,
the reviewing officer (RO) comments “Young officer who joined us
under tough circumstances. Had the moral courage and strength
of character to pick himself up and get back to being a
productive Marine.” and completely removing, for the fitness
report for 2 July to 15 December 1997, the RO’s certification.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 August 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 5 August 2008, and the
advisory opinion from the HQMC Officer Counseling Section
(MMOA-4) dated 18 August 2008, 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 MMOA-4 advisory
opinion in finding your selection by the Fiscal Year 2009
Lieutenant Colonel Selection Board would have been definitely
unlikely, even if your performance record had been corrected in

accordance with the CMC action. Accordingly, 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

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,

 

Enclosure

Similar Decisions

  • NAVY | BCNR | CY2006 | 06373-06

    Original file (06373-06.pdf) Auto-classification: Denied

    Specifically concerning the contested section K of the fitness report for 2 September 2000 to 5 March 2001, the Board found the mark in section K.3, the second lowest of eight possible marks, did not require marking section K.2 (“Evaluation”) “Do Not Concur [with reporting senior].” The Board substantially concurred with the advisory opinion from MMOA-4 in concluding your selection by the FY 2007 Major Selection Board would have been definitely unlikely, even if the correction directed by...

  • NAVY | BCNR | CY2007 | 04306-07

    Original file (04306-07.pdf) Auto-classification: Denied

    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. 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...

  • NAVY | BCNR | CY2002 | 06123-02

    Original file (06123-02.pdf) Auto-classification: Approved

    Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed that the report for 12 July 1997 to 31 July 1998 be modified by removing the “Exercises acceptable judgment and following from the reporting senior (RS) comments: leadership.” Petitioner further requested removal of his failure of selection before the Fiscal Year (FY) 2003 Lieutenant Colonel Selection Board, so that he will be considered by the selection board next convened to consider officers of his...

  • NAVY | BCNR | CY2007 | 09077-07

    Original file (09077-07.pdf) Auto-classification: Approved

    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 | CY2002 | 06600-02

    Original file (06600-02.pdf) Auto-classification: Denied

    consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Finally, as they did not find the RO comments to be adverse, they found no requirement that they be referred any event, they noted that the applicable fitness report order, Marine Corps Order P did not expressly prohibit RO (as opposed to reporting senior) comments that reflect praise. Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2002 | 07628-02

    Original file (07628-02.pdf) Auto-classification: Approved

    2002 In correspondence attached as enclosure (3), the HQMC office having cognizance C. over the subject matter of Petitioner ’s request to strike his failures of selection for promotion before the FY 2001 and 2002 CW04 Selection Boards has commented to the effect that this request has merit and warrants favorable action. ith Head, Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps HEADQUART2RS DEPARTMENT OF THE NAVY RUSSELL...

  • NAVY | BCNR | CY2001 | 05326-01

    Original file (05326-01.pdf) Auto-classification: Approved

    That Petitioner ’s naval record be corrected by removing his failures by the FY 1996 and 1997 Major Selection Boards. 's record and his FY-96 and FY-97 920528. Point of contact Major, U.S. Marine Corps Head, Officer Counseling and Evaluation Section Officer Assignment Branch Personnel Management Division DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS D 3280 RUSSELL ROA QUANTICO, VIRGINIA 221 34-51 0 Y 3 IN REPLY REFER TO: 1600 MMOA-4 14 Aug 01 MEMORANDUM FOR THE EXECUTIVE...

  • NAVY | BCNR | CY2003 | 04367-03

    Original file (04367-03.pdf) Auto-classification: Approved

    The Board does not, however, agree with the petitioner that complete removal of the Reviewing Officer's comments is warranted. Recommend approval of Majo his failure of selection if t h e e d comments are removed from his record. In our opinion, if the PERB does remove the petitioned comments, it would marginally increase the competitiveness of the record.

  • NAVY | BCNR | CY2001 | 04664-00

    Original file (04664-00.pdf) Auto-classification: Denied

    Enclosure (2) is furnished to assist in request for By enclosure (3), this Headquarters provide 3. with a copy of the Advisory Opinion contained a Head, Performance Evaluation Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE HEADQUARTERS UNITED STATES NAVY MARlNE CORPS ~~~ORUSSELLROAD QUANTICO, VIRGINIA 22 134-5 103 LN REPLY REFER TO: 1610 MMER/PERB I 1 JUN 1006 From: To: :USMC Subj: CORRECTION OF NAVAL...

  • NAVY | BCNR | CY2002 | 06619-02

    Original file (06619-02.pdf) Auto-classification: Denied

    The Board substantially concurred with the comments contained in the report of the PERB in finding that the contested section K (reviewing officer (RO) marks and comments) of the fitness report for 1 June 2000 to 31 May 2001 should stand. 1 8 20~ MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF LIEUTENANT COLONEL USMC Ref: (a) (b) LtCo MC0 's DD Form...