DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 05599-10
28 April 2011
This is in reference to your application dated 21 May 2010 fer
correction of your naval record pursuant to the provisions of title
10 of the United States Code, section 1552. You requested removing
your failure of selection by the Fiscal Year (FY) 2011 Lieutenant
Colonel Selection Board and, by implication, your failure of
selection by the FY 2012 Lieutenant Colonel Selection Board. In your
previous case, docket number 334-11, the Board voted on 17 February
2011 to deny your implied request, on other grounds, to remove your
FY 2011 and 2012 failures of selection for promotion.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, reconsidered your case on 28 April
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 current application,
together with all material submitted in support thereof, the Board's
file on your prior case, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinions from Headquarters Marine Corps (HQOMC), dated 15
June and 1 October 2010 and 31 January and 9 February 2011, and the
memorandum for the record dated 22 June 2010, copies of which are
attached.
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 of injustice. in
finding that your FY 2011 failure of selection should stand, the Board
substantially concurred with the comments contained in the advisory
opinions dated 15 June 2010 and 31 January and 9 February 2011, and
particularly noted the statement, in the advisory opinion dated 1
October 2010, that “a discrepancy notice was not provided to MMSB
[the HOMC Manpower Management Support Branch] regarding a missing
PME [Professional Military Education] certificate.” The Board
found this supported a conclusion that the promotion board was able
to reach its decision not to select you without verifying the accuracy
of the Master Brief Sheet entry showing you had completed Command
and Staff College. Since the Board found insufficient basis to
remove your FY 2011 failure of selection, and your Official Military
Personnel File considered by the FY 2012 promotion board included
your certificate of completion of Command and Staff College, the
Board found your FY 2012 failure of selection should stand as well.
In view of the above, the Board again voted to deny removing either
of your failures of selection to lieutenant colonel. 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,
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