DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
ie 2 NAVY ANNEX
doreng> WASHINGTON DC 20370-5100
JSR
Docket No: 6760-11
21 July 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 July 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
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 15 June 2011, a copy of which is
attached, and your letter dated.29 June 2011 with enclosure.
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.
The Board was unable to find the contested fitness report
incorrectly reflected your billet description, that it failed to
cite accomplishments of such significance that they should have
been noted expressly, or that the reporting senior did not take
full account of your accomplishments in evaluating you. Since
the Board found no defect in your performance record, and it
found, for the reasons stated in paragraph 3.c of the PERB
report, that the letter on your behalf dated 2 August 2010 from
the Commanding Officer, Marine Aerial Refueler Transport
Squadron 352 to the President of the Fiscal Year (FY) 2012
Lieutenant Colonel Selection Board would not have materially
enhanced your chances of selection by that promotion board, had
it been considered, the Board found that your failures of
selection by the FY 2009 through 2012 Lieutenant Colonel
Selection Boards should Stand, and action to effect your
mandatory retirement on 1 November 2012 should not be set aside.
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.
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,
io >
‘
W. DEAN PFERRFER
Executive Direckdr
Enclosure
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NAVY | BCNR | CY2010 | 09507-10
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