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Nes UpEPARTMENT OF FHE NAVY
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xn ROARD FOR CORRECTION OF NA
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eenlirs I 7O1 S. COURTHOUSE RCAD, SUIT
ARLINGTON, VA 22204-2498
HD
Docket No: NR2944-14
17 October 2014
Dear Lieutenant
This is in reference to your application for correction of your naval
recorg 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
16 October 2014. Your allegations of error and injustice were
reviewed in accordance with administrative reguiations and
procedures applicable to the proceedings of this Board, Documentary
material considered by the Board consiste@ of your application,
together with all material submitted in support thereof and
applicable statutes, regulations and policies. in addition, the
Board considered the advisory opinions furnished by the Navy
Personnel Command dated 11 June and 3 September 2014, copies of which
are attached. The Board also considered your counsel’s letter dated
4 August 2014.
After careful and conscientious consideration of the entire record,
the Boar@ 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 advisory
opinion dated 11 June 2014 in concluding the contested fitness report
should stand. The Board found your having been acquitted of civil
charges of domestic battery did not negate the reporting senior’s
statement that you had a “physical altercation” with your spouse.
The Board was unable to find the letter of instruction cited in the
contested report was invalid. In this regard, the Board found that
this letter did adequately establish the “desired performance
standard,” and that a specific “period of time for correction of the
performance deficiency” was inapplicable, as the letter instructed
you not to do certain things. Since the Board found insufficient
basis to remove the fitness report at issue, it had no grounds to
remove either of your failures of selection by the Fiscal Year 14
and 15° Staff Lieutenant Commander Selection Boards or set aside
action to effect your discharge by reason of those failures not later
than i February 2015. 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 ig 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,
OBERT J. O'NEILL
Executive Director
Enclosure
NAVY | BCNR | CY2013 | NR8499 13
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. Rh three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2015. Since the Board found insufficient grounds to remove either of your failures of selection for promotion, it had...
NAVY | BCNR | CY2009 | 09555-09
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested fitness report for 25 November 2002 to 29 May 2003. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2010. 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.
NAVY | BCNR | CY2014 | NR1224 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof and applicable statutes, regulations and policies. 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.
NAVY | BCNR | CY2010 | 09308-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 16 September 2010. 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. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2009 | 08633-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 3 September 2009. Further, the Board noted that the modification of this report directed by PERB in your previous case was implemented on 7 August 2007, before the FY 2009 Lieutenant Colonel. 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.
NAVY | BCNR | CY2014 | NR9152 14
You requested completely removing the fitness report for 5 April to 30 November 2007, and you impliedly requested removing your failure of selection by the Fiscal Year (FY) 20615 Major Selection Board. In this regard, the Board substantially concurred with the advisory opinion in finding your selection by the FY 2015 promotion board would have been definitely unlikely, even if your record had reflected the modifications CMC has directed to the fitness report at issue. Consequently, when:...
NAVY | BCNR | CY2010 | 08487-10
Documentary material considered by the Board consisted of your application, together with all material submitted im support thereof, your naval record and applicable statutes, regulations and policies. 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. Since the Board found insufficient basis to remove your failure of selection by the FY 2011...
NAVY | BCNR | CY2001 | 00803-00
Since the Board found no defect in your performance record, they had no basis to remove your failures by the FY 99 and 00 Line Lieutenant Commander Selection Boards. A review of the member’s headquarters record revealed three fitness reports for the period in question, All three fitness reports are signed by the member acknowledging the contents of each and his right to make a statement. For us to recommend relief, the petitioner has to show that either there is no rational support for the...
NAVY | BCNR | CY2007 | 10212-07
It is presumed you desire removing that failure of selection as well.Concerning the report for 1 August to 1 November 1999, you requested removing from section K.4 (reviewing officer’s (RO’s) comments) the sentences “He has valuable experience from prior MOS~ [military occupational specialty] billets that he needs to apply towards his current MOS.” and “His ground duties managerial/leadership aggressiveness needs to improve.” it is noted that the Commandant of the Marine Corps (CNC) has...
NAVY | BCNR | CY2010 | 06266-10
Your previous request, docket number 12841-09, again seeking to remove the original fitness report and replace it with the revised report, or just remove the original report, and remove your failures of selection to lieutenant colonel, which then included failures of selection by the FY 2005 and 2006 Lieutenant Colonel Selection Boards, was administratively closed on 25 May 2010. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered...