DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
JSR
Docket No. 04758-09
8 October 2009
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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, in effect, promotion to lieuténant colonel with
the date of rank and effective date you would have receivéd, had
you been selected by the Fiscal Year (FY) 2004 Lieutenant
Colonel Selection Board (impliedly also requesting removal of
your failures of selection by the FY 2004 through 2010
Lieutenant Colonel Selection Boards). If this relief is denied,
you requested that the fitness reports for 10 June 2006 to 28
February 2009 be removed and that you be granted consideration
by a special selection board for the FY 2009, 2010 and 2011
(convened on 25 August 2009, after you had retired on 1 March
2009 and were consequently not eligible for promotion
congideration) Lieutenant Colonel Selection Boards. Finally,
' you requested that your retirement on 1 March 2009 be set aside
and that you be restored to active duty.
A three-member panel of the Board for Correction of Naval.
Records, sitting in executive session, considered your
application on 8 October 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 atatutes,
regulations and policies. In addition, the Board considered the
advisory opinions from Headquarters Marine, Corps dated 16 June
and 9 September 2009, copies of which are attached, and your
letter dated 23 September 2009.
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 opinions.
Since the Board found insufficient grounds to remove any of your
failures of selection for promotion, it had no grounds to
recommend setting aside your retirement or restoring you to
active duty. 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,
Lo Wess
W. DEAN P
Executive
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