D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
LCC: tj
Docket No: 5640-98
10 August 1999
MCR
Dear STAFF SERGEANT-
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 10 August 1999. 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 advisory
opinion furnished by CMC memorandum 140013 MMPR 2 of 19 July 1999, a copy of which is
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. Accordingly, your application 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 its 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,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE C O R P S
MANPOWER A N D RESERVE AFFAIRS DEPARTMENT
HARRY LEE IiALL, 17 LEJEUNE R O A D
QUANTICO. VIRGINIA 22 134-5 104
IN REPLY REFER TO:
1400/3
MMPR-2
19 Jul 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: ADVISORY OPINION IN THE CASE OF STAFF SERGEANT-
-
.
.
USMCR
Ref:
(a) CMC, ltr 1450/4 MMPR2 of 7 Oct 97
1. Staff sergeant-requests
sergeant be backdated to reflect a date of rank (1 July 1998) for
his selection by the 1997 Regular Staff Sergeant Selection Board.
that his selection to staff
2. Research of our records indicate that Staff Sergeant
was selected to staff sergeant by the Regular 1997 Staff Sergeant
Selection Board. The board was approved on 26 September 1997.
However, per the reference, the Commandant of the Marine Corps
(CMC) administratively deleted Staff sergeant-rom
1997 Staff Sergeant selection list due to him being assigned an
RE-30 reenlistment code for refusal of permanent change of
station orders. He then transferred to the Selected Marine Corps
Reserve (SMCR) where he was considered for promotion by the 1998
(SMCR) Reserve Selection Board and was selected. His seniority
number (85) was reached for promotion on 1 March 1999.
the
3 . Staff Sergeant d
not rate a backdate of rank for
promotion to staff sergeant. His date of rank is correct as 1
March 1999. Recommend his petition be denied.
o
e
s
By direction of
the Commandant of the Marine Corps
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