DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
JSR
Docket No: 9569-09
1 October 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 completely removing the fitness report for 1
August 1999 to 1 dune 2000 and modifying the report for 1 August
to 27 September 2002 by removing, from section K.4 (reviewing
officer's comments), “and ranks in the top 50% of officers of
his grade.” 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 report for 1 August to 27 September 2002
as you requested.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 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, the Board’s file on your other case (docket
number 8538-09), your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board (PERE), dated 1 June and @ September
2009, and the advisory opinion from HOMC dated 20 August 2009,
copies of which are attached, and your letter dated 25 September
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 reports of the
PERB. The Board substantially 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 reflected the corrective actions
effected by CMC in this case and in your other case. {removal of
the fitness report for 1 August 2001 to 4 February 2002). In
view of the above, your application for further relief 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,
Len Rh,
W. DEAN P
Executive to
Enclosure
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 | 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 | 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 | CY2010 | 03374-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 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 warranting removal of your failure of selection by the FY 2010 Captain Selection Board. Consequently, when applying for a correction of an official naval...
NAVY | BCNR | CY2009 | 02319-09
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by removing his failures of selection before the Fiscal Year (FY) 2008 and 2009 Lieutenant Colonel Selection Boards, so as to be considered by the selection board next convened to consider officers of his category for promotion to lieutenant colonel as an officer who has not failed of...
NAVY | BCNR | CY2009 | 12156-09
Petitioner further requested completely removing the fitness report for 6 August 2007 to 30 June 2008. In correspondence attached as enclosure (4), the HOMC office having cognizance over the subject matter of Petitioner's request to strike his failures of selection by the FY 2007-2010 AR Lieutenant Colonel Selection Boards has commented to the effect that this request has merit and warrants favorable action. e. That any material directed to be removed from Petitioner's naval record be...
NAVY | BCNR | CY2009 | 09788-09
In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...
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 | CY2008 | 07740-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...