DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG -
Docket No: 8458-10
13 August 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 that the fitness report for 1 November 2005 to 15
February 2006 be modified by raising the mark in section K.3
(reviewing officer’s “Comparative Assessment”) from the fourth
best of eight possible marks to the third best; and that the
report for 26 July 2006 to 28 February 2007 be modified by
raising the mark in section K.3 from the third best to the
second best. You also requested removing your failures of
selection by the Fiscal Year (FY) 2008 through 2011 Lieutenant
Colonel Selection Boards.
It is noted that the Commandant of the Marine Corps (CMC) has
directed the requested modification of the report for 26 July
2006 to 28 February 2007.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 August 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 report of the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board (PERB), dated 11 August
2010, and the advisory opinion from HQMC dated 4 August 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 or injustice. In this connection, the Board
substantially concurred with the comments contained in the
advisory opinion in finding that the fitness report for 1
November 2005 to 15 February 2006 should not be modified. The
Board further concurred with the advisory opinion from MMOA-4
in concluding that your failures of selection to lieutenant
colonel should not be removed, as your selection would have
been definitely unlikely, even if the fitness report for 26
July 2006 to 28 February 2007 had been modified. The Board
also noted that this report was not in your record for the FY
2008 Lieutenant Colonel Selection Board, which convened on 6
September 2006. In view of the above, your application for
relief beyond that effected by CMC 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,
Enclosures
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