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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