DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9420-17 
AUG 19 2019 


This is in reference to your application for correction of your naval record pursuant to the provisions of Title I 0, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 17 January 2019. The names and votes of the members of the panel will be furnished upon request. 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 suppott thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the enclosed advisory opinion (AO) provided by Headquarters Marine Corps (Deputy Director of Operations), and the statements, letters, and documentation you provided in rebuttal. 

The Board carefully considered your request to be designated as a Fleet Marine Force Warfare Officer (FMFWO) and your contention you were unjustly denied the designation. Specifically, you contend that you completed all FMFWO qualification requirements with the exception of the 12-month consecutive service eligibility requirement. You further contend that your commanding general (CG) unjustly denied your request for a waiver of the 12-month eligibility requirement even though you were only two weeks short 12 months of consecutive service. You assert that your CG denied your request for a waiver due to his alleged personal relationship with the Hospital Corpsman Master Chief (HMCM) with whom you had repeatedly had professional confrontations. You contend that your CG's "clouded judgment" prevented him from making an unbiased decision when evaluating your requested waiver. Additionally, you contend-through a Jetter submitted by the Navy captain responsible for your command's FMFWO program-that "in two years, no one has been denied the FMFWO pin until now." The Board also considered your contention that your command intentionally transferred you, despite the dramatic improvements you had instituted, before your tour was complete because "it did not want the new commanding general to know all that had transpired" or an outside investigation into the issues you had raised regarding HMCM's leadership. 

The Board, however, substantially concurred with the AO and determined it was not unjust for your CG to deny your request for a waiver and disapprove your designation as a FMFWO. The Board noted your contentions and the letters submitted in support thereof, but determined that such evidence was speculative and insufficient to demonstrate that your CG's denial of your request for a waiver was improperly motivated. The Board also noted that there was no evidence that your CG had approved waiver requests from similarly situated officers. The Board thus concluded that there was no probable material error or injustice in your CG's denial of your waiver request and his disapproval of your designation as a FMFWO. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, 
 


Executive Director