DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8227-98
27 May 1999
Dear Gunnery Serge~_. ~
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 27 May 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 Headquarters Marine Corps, dated 12 April 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 the advisory opinion. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially concurred with the comments contained
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.
~z7-q~v
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
d
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO~
1400 /3
MMPR-2
12 Apr 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
ADVISORY OPINION IN THE CASE OF GUNNERY SERGEAN1~~
~
Gunnery Sergean~1~~(,,fquests for his current date of rank be
1.
backdated to reflect selection by the 1994 Gunnery Sergeant Selection
Board.
Retirement List and remained on active duty, he would have been
promoted to the rank of gunnery sergeant with his peers.
He feels had he not been placed on the Temporary Disability
Gunnery Sergeant4~returned
to active duty after being on
2.
the Temporary Disability Retired List (TDRL).
he received remedial consideration for promotion by the 1994, 1995,
The first
1996, and 1997 Regular Gunnery Sergeant Selection Boards.
time he was eligible for consideration (by date of rank) was for the
1995 Gunnery Sergeant Promotion Board.
recommended for an accelerated promotion to gunnery sergeant, he was
also considered in the Below Zone for promotion consideration by the
1994 Gunnery Sergeant Selection Board and failed selection.
board recommended he receive remedial promotion by the 1995 Gunnery
Sergeant Selection Board.
1995 with an effective date (effective for pay purposes) of 16
October 1998.
entitled to receive.
time he was on the Temporary Disability Retired List.
action is required by this Headquarters.
He has received all back pay and allowances he is
He was given a date of rank of 1 November
He is not entitled to any increased pay for the
No further
Records indicate that
However, due to his being
The
Assistant Head,
Promotion Branch
By direction of
the Commandant of
iTsted Promotions
the Marine Corps
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