DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 8244-08
2 October 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 October 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 opinion from Headquarters Marine Corps, dated
21 August 2008, a copy of which is attached. The Board also
considered your rebuttal letter dated 4 September 2008.
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.
The Board agreed with you that the advisory opinion was
incorrect in stating your physical fitness test (PFT) score when
the Fiscal Year (FY) 2009 Lieutenant Colonel Selection Board met
on 5 September 2007 was 214, rather than 243 as shown in the
fitness report for 16 August 2006 to 31 May 2007, the report
that has been modified. In this regard, the Board noted that
your Master Brief Sheet showed the PFT for which your score was
214 was conducted in December 2007, after the promotion board in
question. The Board otherwise concurred with the advisory
opinion in finding your selection by the FY 2009 Lieutenant
Colonel Selection Board would have been definitely unlikely,
even if your fitness report record had been corrected. 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,
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