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NAVY | BCNR | CY2010 | 09308-10
Original file (09308-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
JSR

Docket No. 09308-10
16 September 2010

 

 

This is in reference to your application dated 23 March 2010,
seeking reconsideration of your previous application for
correction of your naval record pursuant to the provisions of
title 10 of the United States Code, section 1552. Your most
recent previous case, docket number 08633-09, was denied on 3
September 2009.

You again requested removal of the fitness report for 1
September 2006 to 22 January 2007; removal of your failures of
selection by the Fiscal Year (FY) 2009 and 2010 Lieutenant
Colonel Selection Boards; and if the contested fitness report is
removed, consideration by a special selection board (SSB) for
the FY 2009 and 2010 Lieutenant Colonel Selection Boards. You
also added a new request for removal of your failure of
selection by the FY 2111 Lieutenant Colonel Selection Board and,
if the contested report is removed, consideration by an SSB for
the FY 2111 Lieutenant Colonel Selection Board. Your requests
regarding the FY 2010 Lieutenant Colonel Selection Board were
not considered, as you have not exhausted your administrative
remedies (your request on a different basis dated 15 April 2009
for an SSB for the FY 2010 Lieutenant Colonel Selection Board
was approved on 22 April 2010).

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, reconsidered your case on
16 September 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
current application, together with all material submitted in
support thereof, the Board's files on your prior cases (docket
numbers 07213-07 and 08633-09), your naval record and applicable
statutes, regulations and policies. In addition, the Board
considered the report of the Headquarters Marine Corps
Performance Evaluation Review Board (PERB), dated 19 August
2010, a copy of which is attached, and your letter dated

2 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 report of the PERB.
Accordingly, the Board again voted to deny relief. 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,

W. DEAN

Executive D

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