DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 1187-99
22 June 2000

Dear

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.

Your allegations of error and

Documentary material considered by the Board consisted of
together with all material submitted in support

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
In addition, the Board considered the advisory
opinions furnished by Headquarters Marine Corps dated 25 August,
1 September, 21 October and 8 November 1999, copies of which are
enclosed.
The Board also considered your rebuttal to the first
two advisory opinions, which was received by the Board on 29
September 1999.

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.

The Board noted that you have been returned to active duty to
earn active duty retirement.
contention that you did not waive your sanctuary zone protection
and had over 18 years of active duty has been resolved in your
favor.

Therefore, it appears that your

(MOS) are promoted, and in several recent

Concerning your request for promotion, it is clear from the
advisory opinions that very few individuals in your Military
Occupational Specialty  
years, no one was promoted.
allocations for your MOS in 1994 and 1995 is unknown, but even if
there were, the promotions were apparently extremely limited.
However, HQMC has indicated that you were not eligible for
promotion in those years because you had not been recommended by
the Marine Corps Reserve Support Center.
Therefore, the Board
substantially concurred with the comments contained in the
advisory opinions.
Accordingly, your application has been

Whether or not there were

c

denied.
furnished upon request.

The names and votes of the members of the panel will be

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

Enclosures

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22134-5103

,N 

REFER  

To!

RCPLT 
100 0
RAM-7
25 

Aug YY

MEMORANDUM FOR THE  

EXE;CUTIVE  DIRECTOR,  BOARD FOR THE CORRECTION

OF NAVAL, RECORDS

Subjz

BCNR  APPLICATION IN THE CASE  

0

Ref:

(a) Honorable Jesse Helms  

ltr 5730 

OL&-5S  of

23 March 1999

(b) CMC msg  0405412 Aug 97
CMC msg 2305432 Sep 98
(c)
(d) CMC msg  2605432
Jul 99

Per reference (a),

1.
issued orders 
active duty which will qualify him for retirement.

authoriz

s been
344 days of

became eligible for promotion to

Selected Marine Corps Reserve

(SMCR)  promotion board however, was not selected due to keen
1993 selection message.
competition. Reference 
Reference 
indicating there are no allocations for Master Sergeant.

1938  and 1999  CMC messages, each

(d) are the 

(b) is the 

(c) and 

3.

Point of contact is  

Captai

at 

(703) 

7e4-9133134.

H&id, Reserve Affairs
personnel Management  Branch
Reserve Affairs Division
Ey direction

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O&28/99

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MAH~WER  

UNITE0 STATES MARINE   CORPS
DEPAR?MENf

ANO  RESERVE AFFAIRS  

MARRY LEE HALL; I7  LEJEUNE ROAD
QUANTICO.  

VIR(;lNIA  

22lM-SIM

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To:

~$&fJyn  
MMPR-2
1 Sep 99

MEMORANDUM 

FOR 

THE EXECUTIVE DIRECTOR,  

NAVAL RECORDS

BOARD  FOR CORRECTION OF

Subj: 

.

No)rcommission.ned  (SNCO)

He was also considered by the 1997 and 1998

was considered for selection to
rve Staff 

1.
mas
Selection Board.
selection boards. for selection to first sergeant.
selected for promotion by any of the boards who considered his
record.
in his Military Occupational Specialty  
should be noted that there are no allocations for selection to master
-in  his MOS for the upcoming 1999 Reserve Staff
Noncom&ssioned  Officer (SNCO) Selection Board which will convene on
13 October 1999.

There were no allocations for promotions to 

(MOS)  of 3432 

He was not

in.1998.  It

m

2.

Point of contact is  Mr.

Assist-ant Head, Enlisted Promotions
Promotion Branch
By direction of
the Commandant of the Marine Corps

DEPARTMENT OF   THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA

D

PUANTICO, VIRGINIA

  22134-510

3

IN 

REPLY REFER   TO:

1000

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,

OF NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE CASE OF

BOARD FOR THE CORRECTION

Ref:

(a) BCNR ltr 1187-99 dtd 5  
(b) Gunnery Sergeant

Ott 

99

ltr undtd

In response to references (a) and  

1.
once again reviewed
Unfortunately, the
response dtd 25 Aug 99.

(b)

, Reserve Affairs has

ase.
erve Affairs

As previously stated,
2 .
eligible for promotion to

was not

In order to

3 .
already authorized
days of Active Duty
reservist, he would

ta

Special Work  
qualify for an active duty retirement.

so that,

-(ADSW)

although a

e Affairs has
n additional 344

4.  I can be reached

at 

703-784-9105/06.

Head, Reserve Affairs
Personnel Management Branch
Reserve Affairs Division
By direction

r

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED  STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT

HARRY LEE HALL,

QUANTICO, VIRGINIA

 
I7 LEJEUNE ROAD
 
22134-5104

IN REPLY REFER TO:
1400/3
MMPR-2
8 Nov 99

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD 'FOR CORRECTION OF

NAVAL RECORDS

Subj:

ADVISORY OPINION

IN

Ref:

(a) Gunnery Sergeant
(b) CMC ltr  
(c) Head,  

RA ltr 1000  

1400/3  MMPR-2 of

1 Sep 99

RAMA  of 21  

Ott 99

ltr undtd

to reference (a), recommend that
request for remedial consideration is denied.. As stated

-

he was considered for selection to first/master

Staff Noncommissioned (SNCO)

in reference (b),

sergeant by the 1997 and 1998 Reserve

Selection Board and was not selected.

Extended research of our records indicate that he was also
2 .
considered In Zone (SMCR) for first/master sergeant by the 1996

Selection Board and was not selected.
as a member of the Individual Ready Res
. An IRR Marine must be recommended by

name was

administrative1

) to be considered by a selection board.
‘"name was not listed on the
sidered  for
oards.
deleted fr

romotion for the

1994 to

Selection Board due to his separation

he Special Separation Benefits Program.

Per reference (c),

3.
an additional 344 days of A
an active duty retirement.
to be considered for promotion
by the 1999 Reserve SNCO Promotion Board,
allocations for his Military Occupational Specialty (MOS) of 3432.

however,

C

there are no

lify him for
s eligible 
.
in MOS 3432

as been awarded

Assistant Head,
Promotion Branch
By direction of
the Commandant of the Marine Corps

Enlisted Promotions