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NAVY | BCNR | CY2009 | 09569-09
Original file (09569-09.pdf) Auto-classification: Denied
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

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