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NAVY | BCNR | CY1999 | 00570-99
Original file (00570-99.pdf) Auto-classification: Denied
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 N A W  ANNEX 

WASHINGTON DC  20370-5100 

LCC :ddj 
Docket No:  570-99 
30 March  1999 

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  30 March  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  CMC letter 
142012 MMPR-2 of  24 December  1998 , 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 letter.  The Board was not convinced that your record  contained the Non-Judicial Punishment 
when  your record  was reviewed  in  October/November 1996.  Accordingly, your applidion 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  U N I T E D  STATES  MARINE CORPS 

3280 R U S S E L L   ROAD 

QUANTICO,  VIRGINIA 22 1 3 4 - 5  1 0 3  

IN REPY2vy: 

MMPR-2 
24 Dec 98 

Subj:  REQUEST FOR REMEDIAL CONSIDERATION FOR PROMOTION 

Per your Administrative Action Form of September 13, 1998, you 
requested remedial promotion consideration because of action 
taken by the Board for the Correction of Naval Records.  A review 
of selection board records indicates that you were considered and 
not selected by the 1996 Reserve Staff Noncommissioned Officer 
Selection Board  (promotion zone) and the 1997 Reserve Staff Non- 
commissioned Selection Board  (above zone).  The confidentiality 
of the selection board process precludes knowing the exact  '
re'asons for your nonselection, although it is inferred that, 
based on a majority vote of the board members, your record was 
not competitive with the records of the Marines selected for 
promotion. 

*

 

The circumstances surrounding each Marine's request are evaluatd 
on a "case by case basis" with consistency and fairness in mind. 
Only those cases determined to be within the spirit and intent of 
the policies regarding remedial consideration are forwarded to 
the Enlisted Remedial Promotion Board for adjudication.  It has 
been-determined that your request fails to meet the criteria 
outlined in paragraphs 3502 and 3503 of reference the Enlisted 
Promotions Manual.  Specifically, per paragraph 3502.7 of the 
manual, Marines who have been retired must petition the Board for 
the Correction o'c Naval Records concerning remedial consideration 
for promotion.  Accordingly, your request for remedial considera- 
tion for promotion is disapproved. 

The enclosure is provided to assist you in petitioning the Board 
for the Correction of Naval Records. 

Enlisted Promotion Section 
By direction of the 
Commandant of the Marine Corps 

Enclosure:  (1)  DD Form 149 

Copy to:  (1) Commanding General, 4th Marine Aircraft Wing 
(2) Commanding Officer, Marine Aircraft Group 42 
(3) Officer in Charge, 4th Low Altitude Air Defense 

l m r  t~alion, D t + L d ~ l l ~ ~ i + - l ~ i ~ ,  
Alpha 



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