DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
@ NAVY ANNEX
WASHINGTON BC 20370-5100
JSR
Docket No: 7853-11
4 August 2011
Dear Major
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 removing the fitness report for 1 June 2008 to 6
May 2009 and your failure of selection by the Fiscal Year 2012
Lieutenant Colonel Selection Board.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 August 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 (HOQMC) Performance
Evaluation Review Board in your case dated 7 July 2011 and the
advisory opinion from HOMC dated 21 July 2011, 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 your selection by the promotion board would have been
definitely unlikely, even if your record had not included the
fitness report whose removal was later directed. In view of the
above, your application for relief beyond that directed 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 it 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,
‘Ques
Executive tor
Enclosure
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