DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20870-5100
JSR
Docket No: 2384-10
29 July 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, in effect, removing your failure of selection by
the Fiscal Year (FY) 2011 Lieutenant Colonel Selection Board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 July 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 opinions from Headquarters Marine Corps (HQMC) dated 26
April 2010 and 13 July 2010 with reference (b}), the Memo for
Record dated 28 April 2010, and the HQOMC (MMPR-1) e-mail dated
16 July 2010 with attachment (figures 1 through 6), copies of
which are attached, and your letter dated 16 July 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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion
dated 13 July 2010 and particularly noted figures 2 and 5 of the
attachment to the MMPR-1 e-mail. While the Board recognized
that your record considered by the promotion board was not
corrected precisely as it should have been, in that the
reviewing officer's identifying information was erroneously
omitted from the otherwise properly corrected fitness report for
1 June 2007 to 7-May 2008, the Board found this error would not
have affected your competitiveness for promotion. The Board
noted that the statement, in section 4.A of MARADMIN 0418/09,
Convening of the FY 11 U. 8S. Marine Corps Colonel, Lieutenant
Colonel, and Major Promotion Selection Boards, that “OMPF
[Official Military Personnel File] and MBS [master brief sheet]
are distributed to the boardroom in advance of the convening
date” refers to distribution to those administering the
promotion board, rather than the members of the promotion board.
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,
W. DEAN PFELIFRRR
Executive racto
Enclosure
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