DEPARTMENT OF THE NAVY QW
BOARD FOR CORRECTION OF NAVAL RECORDS .
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 8487-10
10 March 2011
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 completely removing the fitness report for 16
April to 5 December 2008 and striking your failure of selection
by the Fiscal Year (FY) 2011 Lieutenant Colonel Selection Board.
You also impliedly requested removing your failure of selection
by the FY 2012 Lieutenant Colonel Selection Board.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report by removing, from
section I (reporting senior’s “Directed and Additional
Comments”), “Submitted Flight Hour Program for FY0Q9, in concert
with high turnover of pilots (18), losing many qualifications
during the reporting period.”
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 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 im
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
reports of the Headquarters Marine Corps (HOMC) Performance
Fvaluation Review Board (PERB), dated 11 August 2010 and 15
February 2011, the advisory opinion from HQMC dated 3 August
2010, and the e-mail from HQMC dated 14 January 2011, copies of
which are attached, as well as your letters dated 12 September
2010 with attachment and 9 March 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 reports of the PERB
and the advisory opinion. The Board was unable to find the
contested fitness report violated the prohibition against faint
praise. Since the Board found insufficient basis to remove your
failure of selection by the FY 2011 Lieutenant Colonel Selection
Board, it had no grounds to remove your failure of selection by
the FY 2012 Lieutenant Colonel Selection Board, which considered
your corrected fitness report record (the e-mail from HQMC
reflects the correction was effected on 3 August 2010, before
the FY 2012 promotion board convened on 17 August 2010), im
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 afficial records.
Consequently, when applying for a correction of an SEticial,
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\S Seuss E
Executive ctor
Enclosure
NAVY | BCNR | CY2008 | 10175-08
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. Regarding the recommendation, in paragraphs 4.b.ii and 5 of the JAM5 advisory opinion, to amend the commanding officer’s/RO’s letter of 4 May 2006 (among the ericlosures to the HQMC routing sheet dated 10 October 2006) by removing the words “for his civilian conviction,” the Board noted that...
NAVY | BCNR | CY2009 | 09555-09
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NAVY | BCNR | CY2007 | 10212-07
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NAVY | BCNR | CY2007 | 04306-07
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NAVY | BCNR | CY2010 | 06266-10
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