DTA AT OF THE NAWY
Ee RCORPRECTION OF WAV AT RFCORNS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON. VA 22204-24390
JSR
Docket No: NR9421-14
to VeweMner 4uU14
Dear Maj as
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 18 December 2014. 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
t
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 {(PERB), dated 8 August 2014, and the
advisory opinion from HOMC dated 23 September 2014, copies of
ai
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 report of the PERB.
Since the Board found no defect in your performance record, it
had no basis to grant your request to remove your failure of
selection by the Fiscal Year (FY) 2015 Lieutenant Colonel
Selection Board (your failures of selection by the FY 2013 and
2014 Lieutenant Colonel Selection Boards have been removed). In
view of the above, your application has been denied. The names
and votes of the members of the panel will be furnished upon
equest.
K
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
NAVY | BCNR | CY2009 | 09583-09
You requested modifying the fitness report for 8 August 2005 to 31 May 2006 by removing the entire section K (reviewing officer’s (RO’s) marks and comments). 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
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 | 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 | CY2008 | 07414-08
This is in naval reco United Sta You requeste May 2006 ar Year (FY) 40 DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 7414-08 4 September 2008 reference to your application for correction of your d pursuant to the provisions of title 10 of the es Code, section 1552. d removal of the fitness report for 6 April to 31 hd all documentation of your removal from the Fiscal 07 Lieutenant Colonel Promotion List; reinstatement to that...
NAVY | BCNR | CY2009 | 09569-09
It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the report for 1 August to 27 September 2002 as you requested. Documentary material considered by the Board consisted: of your application, together with all material submitted in support thereof, the Board’s file on your other case (docket number 8538-09), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY2009 | 08554-09
The Board further concurred with the advisory opinion in = concluding your selection by the FY 2010 Lieutenant Colonel Selection Board would have been definitely unlikely, even if your record had not included the fitness report CMC has directed removing. request, a Although the Board voted not to modify the fitness report for i July 2005 to 21 June 2006, you may submit the RS’s letter and the RO’s endorsement to future selection boards. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2007 | 04306-07
It is noted that the Commandant of the Marine Corps (CMC) has directed correcting the contested fitness report by changing the entry in item 17.a (“Commendatory”) from “No” to “Yes.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2008. The Board agreed with the advisory opinion from MMOA-4 in concluding the correction of item 17.a of the fitness report at issue would not have appreciably enhanced...
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 | CY2009 | 01229-09
Documentary material considered by the Board consisted of the enclosures (except enclosure (2)), naval records, and applicable statutes, regulations and policies. The Board finds Petitioner’s FY 2009 and 2010 failures should be removed as well, since the marks cited above were in his record for both of the promotion boards concerned, and removing all failures is necessary to restore Petitioner to the status he enjoyed, before the FY 2008 Lieutenant Colonel Selection Board, as an officer who...