DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9336-09
1 April 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 adjusting your lieutenant colonel date of rank and
effective date from 1 July 2009 to reflect selection by the
Fiscal Year (FY) 2009 Lieutenant Colonel Selection Board, rather
than the FY 2010 Lieutenant Colonel Selection Board.
A three-member panel of the Board for Correction of Naval.
Records, sitting in executive session, considered your
application on 1 April 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, the Board’s file on your prior case (docket
number 8846-08), your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
memorandum for record dated.29 December 2009; the Chronology,
[your case], Docket No 9336-09; and the advisory opinion from
Headquarters Marine Corps dated 25 January 2010, 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. The Board was unable to find your selection
by the FY 2009 Lieutenant Colonel Selection Board would have
been probable, had your record for. that promotion board not
included the fitness report for 1 August 1997 to 3 June 1998.
In this regard, the Board substantially concurred with the
comments contained in the advisory opinion. 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,
Enclosure
NAVY | BCNR | CY2010 | 09308-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 16 September 2010. Documentary material considered by the Board consisted of your current application, together with all material submitted in support thereof, the Board's files on your prior cases (docket numbers 07213-07 and 08633-09), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2009 | 08633-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 3 September 2009. Further, the Board noted that the modification of this report directed by PERB in your previous case was implemented on 7 August 2007, before the FY 2009 Lieutenant Colonel. 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.
NAVY | BCNR | CY2009 | 04758-09
A three-member panel of the Board for Correction of Naval. 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. 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.
NAVY | BCNR | CY2009 | 09555-09
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested fitness report for 25 November 2002 to 29 May 2003. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2010. 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.
NAVY | BCNR | CY2009 | 06382-09
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. 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. Since the Board found insufficient basis ‘to remove those documents, it had no grounds to...
NAVY | BCNR | CY2009 | 09569-09
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the report for 1 August to 27 September 2002 as you requested. Documentary material considered by the Board consisted: of your application, together with all material submitted in support thereof, the Board’s file on your other case (docket number 8538-09), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden...
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 | 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 | 10904-09
° A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2010. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 12 November 2009, a copy of which is attached. 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.
NAVY | BCNR | CY2010 | 06266-10
Your previous request, docket number 12841-09, again seeking to remove the original fitness report and replace it with the revised report, or just remove the original report, and remove your failures of selection to lieutenant colonel, which then included failures of selection by the FY 2005 and 2006 Lieutenant Colonel Selection Boards, was administratively closed on 25 May 2010. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered...