DEPARTMENT OF THE NAVY i
BOARD FOR CORRECTION OF NAVAL RECORDS gr/
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9555-09
26 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 fitness reports for 1 to 24 October
2002 and 25 November 2002 to 29 May 2003 and your failures of
selection by the Fiscal Year (FY) 2003 and 2006 through 2010
Reserve Lieutenant Colonel Selection Boards (you missed
consideration by the FY 2005 promotion board). You also
' impliedly requested restoring you to the FY 2004 Reserve
Lieutenant Colonel Promotion List and removing documentation of
your removal from the promotion list and consideration for
administrative separation.
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. 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 report of the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board (PERB), dated 1 September
2009, and the advisory opinion from the HQMC Career Management
Team, dated 24 September 2009, copies of which are attached.
The Board also considered your rebuttal letter dated 18
December 2009 with enclosures.
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
report of the PERB in finding the remaining contested fitness
report should stand. The Board further found all your other
requests should be denied. In this regard, the Board found
that the remaining contested fitness report, which is adverse,
would have supported your removal from the promotion list and
consideration for administrative separation, and it would have
made your selection by any of the FY 2006 through 2010
promotion boards definitely unlikely in any event. Finally,
the Board observed that neither of the contested fitness
reports was in your record when you failed of selection by the
FY 2003 Reserve Lieutenant Colonel Selection Board, convened on
12 March 2002 (the earlier of the reports was not signed by the
reporting senior until 6 January 2003). In view of the above,
your application for relief beyond that effected by CMC 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,
RS
ROBERT D. ZSALMAN
Acting Executive Director
Enclosures
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 | 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 | CY2002 | 08284-01
’s failures C. In correspondence attached as enclosure (3), the HQMC Officer Assignment Branch, Personnel Management Division (MMOA4) has commented to the effect that Petitioner request to remove his FY 2002 failure of selection has merit and warrants favorable action. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Report -__- _____.__...
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 | CY2003 | 02101-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2003. Having reviewed all the facts of record, the Board has directed that your Naval record will be corrected by removing therefrom the following fitness reports: Date of Report Reporting Senior Period of Report 13 Jul 88 9 Jan 89 Capt Capt P 880414 to 880704 (DC) 880705 to 881231 (SA) 2. The Commandant of the Marine Corps is not empowered to grant or...
NAVY | BCNR | CY2010 | 08487-10
Documentary material considered by the Board consisted of your application, together with all material submitted im 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 your failure of selection by the FY 2011...
NAVY | BCNR | CY2001 | 05329-01
Your last request was not considered, as you have not been selected for or promoted to lieutenant colonel. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has Date of Report Reportin gSenio r Period of Report 11 Apr 00 There will be inserted in your Naval record a memorandum in 2. Performance Evaluation Review Board (PERB) to record and e FY02 USMC remove the To He successfully...
NAVY | BCNR | CY2002 | 08728-01
The contested fitness reports were not removed until after both of Petitioner failures of selection to lieutenant colonel. ’s C. In correspondence attached as enclosure (3), the HQMC Officer Assignment Branch, Personnel Management Division (MMOA4) has commented to the effect that Petitioner request to remove his FY 2002 failure of selection has merit and warrants favorable action. z's request for de of Enclosure (2) is furnished to assist in selec By enclosure 3. with a copy of the...
NAVY | BCNR | CY2001 | 04958-01
Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by removing the fitness report for 1 October 1998 to 15 October 1999 (copy at Tab A to enclosure (l).) Petitioner further Review Board requested removal of his failure of selection by the Fiscal Year (FY) 2001 Active Reserve Lieutenant Colonel Selection Board. Accordingly, your case will for Correction of Naval Records...
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...