DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
_ JSR
Docket No: 06382-09
4 February 2010
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 Headquarters Marine Corps (HQMC)
Routing Sheet, undated, Subject: Inclusion of Adverse Matter in
the Official Military Personnel File of [yourself] and
associated documents. You further requested removing your
failure of selection by the Fiscal Year (FY) 2010 Lieutenant
Colonel Selection Board and, if necessary, FY 2011. Finally,
you requested consideration by a special selection board (SSB).
After you had submitted your application, you failed of
selection by the FY 2011 Lieutenant Colonel Selection Board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 February 2010. 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 opinions from HOMC dated 19 August 2009 with réference
{(h), 26 August 2009, 2 September 2009 and 30 November 2009 with
enclosure, copies of which are attached, your counsel's letter
dated 7 January 2010 with enclosures and his supplemental letter
dated 11 January 2010.
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
dated 19 August and 30 November 2009 in concluding the contested
documents should stand. The Board found you were afforded an
opportunity to present your side of the adverse matter reflected
in the documents at issue, and it was unable to find your side
was not duly considered. You may submit to HOMC whatever
statement or other material you want added to your record ,
together with the documents in question. Since the Board found
insufficient basis ‘to remove those documents, it had no grounds
to recommend removing either of your failures of selection to
lieutenant colonel or granting you an SSB. 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,
Loe
W. DEAN PF R
Executive D or
Enclosure
a to: a ;
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