DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DBC 20370-5100
BUG
( Docket No: 9932-09
. 29 January 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 reconsideration of your previous requests, docket
number 9890-03, to remove your failures of selection by the
Fiscal Year 1994 and 1995 Marine Corps Reserve Major Selection
Boards and change the reason for your discharge from the Marine
Corps Reserve on 31 January 1995 from failures of selection for
promotion to resignation. These requests were denied on 2
September 2004. You also added a new request to remove the
fitness report for 30 November 1990 to 31 January 1991.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 January 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 opinion from the Headquarters Marine
Corps (HQMC) Career Management Team (CMT), dated 24 July 2008
with enclosures, and the reports of the HQMC Performance
Evaluation Review Board (PERB), dated 18 September 2008 and 8
September 2009, copies of which are attached. The Board also
considered your file on your prior case, your letters dated 2
April and 2 June 2008, each with enclosures, and 27 October
2009, and the reviewing officer's letter dated 24 November
2008,
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 opinion from CMT and the reports of the PERB. Since
the Board found no defect in your fitness report record, it had
no grounds to remove either of your failures of gelection for
promotion. While the’ Board agreed with the advisory opinion in
concluding your record should not be corrected to show you
resigned, it noted that the letter of 20 December 2006 from the
Minnesota Army National Guard states that having had two
failures of selection for promotion makes an individual
ineligible for reappointment as an officer, so your having
resigned, with two failures of selection for promotion, would
not have made you eligible for reappointment. 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.
The Board noted that if you earn a military pension, you will
be paid-at the rate of the highest grade in which you
satisfactorily served, which in your case was captain, pay
grade 0-3.
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,
W. ote R
_ Executive or
Enclosures
Copy to:
The Honorable
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