DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 13803-10
5 May 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions ef title 10 of the
United States Code, section 1552.
You requested adjusting your colonel date of rank and effective
date from 1 August 2010 to reflect selection by the Fiscal Year
(FY) 2007 Active Reserve (AR) Colonel Selection Board, rather
than FY 2011. You also impliedly requested removing your
failures of selection by the FY 2008 through 2010 AR Colonel
Selection Boards.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 May 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, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion from Headquarters Marine Corps dated 16
February 2011, a copy of which is attached, and your counsel’s
letter dated 25 April 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 advisory opinion.
Further, the Board found that before submitting correspondence
revealing your uncorrected record to the FY 2008 AR Colonel
Selection Board, you should have checked with this Board as to
the outcome of your application. Finally, the Board was unable
to find your selection by the FY 2007 AR Colonel Selection Board
would have been probable, had your fitness report record been
corrected. In this regard, the Board particularly noted that
you were not selected by the first promotion board to consider
you with a corrected record. In view of the above, 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,
Executive Director
Enclosure
Copy to: ; a
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