DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 10175-08
26 February 2009
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 removing the fitness report for 1 June 2005 to 11
April 2006 and the Headquarters Marine Corps (HQMC) routing
sheet dated 10 Octlober 2006 with enclosures (documentation of
the termination of administrative separation proceedings in your
case). You also impliedly requested removing your failure of
selection by the Fiscal Year (FY) 2010 Lieutenant Colonel
Selection Board.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report by removing,
from section K.4 (reviewing officer's (RO’s) comments), “CSACC
[Consolidated Substance Abuse Counseling Center] determined his
prognosis for rehabilitation to be poor and the MRO [Marine
reported on] has dlearly demonstrated deficiencies in several
key attributes essential to a commissioned officer in the Marine
Corps.” ,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26/February 2009. 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 the HQMC Judge Advocate Division (JAMS )
dated 19 September
Evaluation Review
are attached.
Record of Medical
2008 and the report of the HQMC Performance
Board, dated 20 October 2008, copies of which
Finally, the Board considered the Chronological
Care dated 25 April 2008 and a USMC Fitness
Report Addendum Page (your reply of 3 October 2006 to section K
(RO’s marks and comments)
of the contested fitness report), both
of which were provided with your e-mail of 17 February 2009.
After careful and
record, the Board
conscientious consideration of the entire
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 JAM5 advisory
opinion and the report of the PERB.
Regarding the
recommendation, in paragraphs 4.b.ii and 5 of the JAM5 advisory
opinion, to amend
the commanding officer’s/RO’s letter of 4 May
2006 (among the ericlosures to the HQMC routing sheet dated 10
October 2006) by removing the words “for his civilian
conviction,” the Board noted that if you desire this
modification, you
the JAM5 advisory
civilian convicti
reduced your comp
Colonel Selection
for relief beyond
may submit a request to HQMC (MMSB), citing
opinion. The Board found this reference to a
ge: by itself, would not have appreciably
titiveness before the FY 2010 Lieutenant
Board.
that effected by CMC has been denied.
In view of the above, your application
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
the Board.
In this regard,
or other matter not previously considered by
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,
W. DEAN PFET
Executive Dir
Enclosure
Copy to:
Mr. John E. King, |III
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 | 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 | CY2009 | 06116-09
You also requested completely removing the fitness report for 15 November 2004 to 30 May 2005 and modifying the report for 1 June to l September 2005 by removing the entire section K (RO marks and comments) or, if that modification is denied, raising the mark in section K.3. It is noted that the Commandant of the Marine Corps (CMC) has directed removing all the contested comments from sections I and K.4 of the report for 14 June to 3 August 2004; modifying the report for 15 November 2004 to...
NAVY | BCNR | CY2006 | 06373-06
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 | CY2009 | 08554-09
The Board further concurred with the advisory opinion in = concluding your selection by the FY 2010 Lieutenant Colonel Selection Board would have been definitely unlikely, even if your record had not included the fitness report CMC has directed removing. request, a Although the Board voted not to modify the fitness report for i July 2005 to 21 June 2006, you may submit the RS’s letter and the RO’s endorsement to future selection boards. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2009 | 09583-09
You requested modifying the fitness report for 8 August 2005 to 31 May 2006 by removing the entire section K (reviewing officer’s (RO’s) marks and comments). 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
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 | CY2002 | 07628-02
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 | 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 | 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...