DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR8499-13
2? April 2015
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested removing the fitness report for 14 February to 10
June 2011 and your two rebuttals, each dated 8 June 2011, to the
service record page 11 ("Administrative Remarks (1070)") entries
dated 25 May and 1 June 2011, respectively. You also impliedly
requested removing your failures of selection by the Fiscal Year
2013 and 2014 Lieutenant Colonel Selection Boards anc setting
aside vour retirement on i June 2613 by reason or: your having
“wice failed of selection for promotion.
It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report.
Rh three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 April 2015. 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 (HOMC) Performance
Evaluation Review Board, dated 9 September 2013, the advisory
opinion from HOMC dated 16 April 2014 with enclosure, and the
e-mail from HOMC dated 29 January 2015, 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 found that
the contested rebuttals should stand, as the page 11 entries to
which they relate are in your Official Military Personnel File..,.
The Board further found that neither of your failures of. _
selection for promotion should be removed. In this regard, the.
Board substantially concurred with the advisory opinion in
finding your selection by either promotion board would have been
definitely unlikely, even if your record had not included. the
Fitness report whose removal CMC later directed. Since the
Board found insufficient grounds to remove either of your
failures of selection for promotion, it had no basis to set
aside action to effect your retirement. In 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. = 7G
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
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. 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,
ROBERT J. O'NEILL
Executive Director
Enclosure
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