DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 07876-10
24 March 2011
eel
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 initially requested that your record be
corrected by removing your service from 1 September 1999 to 10 March
2002. By your letter of 29 September 2010, you amended your
application to request removing only two years from your overall
commissioned time.
R three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 24 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
8 September 2010 with reference (b) and 21 October 2010, copies of
which are attached. The Board also considered your letter dated 29
September 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 opinions. Accordingly, 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,
LO Neos
W. DEAN PF E
Feecutive Dirgct
Enclosures
NAVY | BCNR | CY2010 | 05367-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 08179-11
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. On two occasions, 19 September 1996, and 19 November 2007, you signed and acknowledged the Navy’s policy concerning sexual harassment. commanding officer submitted a request for detachment for cause by reason of sexual harassment, which you were allotted sufficient time to respond.
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 | CY2011 | 06696-11
A three-member panel of the Board for Correction of Naval ’ Records, sitting in executive session, reconsidered your case on 6 October 2011. In view of the above, the Board again voted to deny your request for complete removal of the page 11 entry and your rebuttal. 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 | 10348-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 21 January 2011. Documentary material considered by the Board consisted of your letter, together with all material submitted in support thereof, the Board's files on your prior cases, docket numbers 07328-08 and 04025-10, and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2011 | 03701-11
The Board also considered your counsel’s letters dated 11 November 2010 and 22 April 2011 with enclosure. Since the Board still found no defect in your fitness report record, it had no basis to recommend your advancement to either pay grade E-8 or E-9,. In view of the above, the Board again voted to deny relief.
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 | 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 | CY2010 | 09823-10
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested reports for 11 March to 15 July 2009 and 1 August to 30 September 2009; and modifying the report for 1 October 2008 to 10 March 2009 by removing the mark in section A, item 6.c (“Disciplinary Action”) and removing, from the third sighting officer’s comments, “SNM [Subject named Marine] has been the subject of numerous Human Factor Boards and Stan [standardization] Boards; all recommendations from...
NAVY | BCNR | CY2011 | 01981-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. 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. Consequently, when applying fora correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...