DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 05367-10
18 March 2011
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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 that the fitness yeport for
24 June to 31 October 2006 and your failure of selection by the Fiscal
Year (FY) 11 Reserve Line Lieutenant Commander Selection Board be
removed, and that you be afforded special selection board
consideration for that promotion board.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 17 March
2011. 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 and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinions furnished by the Navy Personnel Command dated 24
June 2010 with e-mail dated 16 June 2010 and 27 and 29 September 2010,
copies of which are attached. The Board also considered your letters
dated 19 July 2010, undated (received on 25 October 2010), 27 February
2011 with enclosures and 15 February (sic) 2011.
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 opinions dated 24 June and 29 September
2010. The Board was unable to find the reporting senior cited an
incident that occurred before the reporting period, as you assert,
but noted that in any event, the reporting senior is permitted to
mention a matter that occurred before the reporting period for the
purpose of showing a trend that extended into the period. Since the
Board found no defect in your performance record, it had no grounds
to remove your failure of selection by the FY 11 Reserve Line
Lieutenant Commander Selection Board or grant you special selection
board consideration for that 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,
Executive D
Enclosures
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...
NAVY | BCNR | CY2009 | 04501-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof 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 material error or...
NAVY | BCNR | CY2009 | 12430-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2010. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 28 January 2010 with enclosures, a copy of which is attached, and your letter dated 19 May 2010 with enclosures. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 08895-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof 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 material error or...
NAVY | BCNR | CY1998 | 05214-98
In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 12 and 16 April 1999, copies of which are attached. Until 1 September 1995, as a member of the Ready Reserve, and as such, W= be considered by promotion - - selection boards. A complete review of Lieutenant Commander record reveals that there were no properly considered during either failure of selection per reference (c).
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 | 03625-10
Your request for investigation of the reporting Senior's actions was not considered, as the Board for Correction of Naval Records is not an investigative body. A three-member panel of the Board, sitting in executive session, considered your application on 22 April 2010. The Board also considered the NPC e-mail dated 3 September 2009 with attachment (DD Form 214), a copy of which is attached, and your letters dated 20 August 2009 with enclosures, 30 October 2009 and 2 February 2010.
NAVY | BCNR | CY1998 | NC9805214
In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 12 and 16 April 1999, copies of which are attached. Per reference (b), lieutenant commanders in an active status who have at least twice failed of selection and have attained 20 years of actual commissioned service must be retired or separated from the Naval Reserve. Director, Naval Reserve Personnel Administration Division
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 | 06470-00
Your request for a special selection board was not considered, as you were selected by the FY 02 promotion 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. They noted that according to paragraph 3 of this opinion, your fitness report for 1 October 1998 to 31 October 1999 was missing from your record when you were considered by the...