DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 389502
30 September 2002

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 26 September 2002. 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 the Marine Corps Recruiting Command, dated
18 June 2002, a copy of which is attached.
They also considered your rebuttal letter dated
15 July 2002.

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. They noted that you had a related, rather than a feeder military
occupational specialty (MOS) for the warrant officer MOS for which you were applying.
402/01, the applicable standard was  “best and fully
Further, as stated in MARADMIN  
qualified,” not just  “fully qualified,” the standard you asserted in your letter of 15 July 2002.
In view of the above, your application has been denied.
members of the panel will be furnished upon request.

The names and votes of the

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.
important to keep in mind that a presumption of regularity attaches to all official records.

In this regard, it is

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

UNITED STATES MARINE CORPS
MARINE CORPS RECRUITING COMMAND

3280 RUSSELL ROAD

QUANTICO, VA 22134-5103

TO.

IN REPLY REFER 
161 0
G-
l
JUN 

8 

I 

2002

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL

RECORDS

Subj:

BOARD FOR CORRECTION OF
CASE OF GUNNERY SERGEANT

THE
MCR

1.

We were asked to provide an advisory opinion on Gunnery Sergeant

ontention that he should have been selected for participation
We conclude that
sted to Warrant Officer Program (Reserve).
his application was fairly considered and he was properly not selected by
the FY02 Enlisted to Warrant Officer (Reserve) Selection Board.

Based on his application, Gunnery 

2.
the FY02 Enlisted to Warrant Officer (Reserve) Selection Board for
selection in Military Occupational Specialty  
South Bend, IN.
applicants for 6 vacancies in,MOS 1310.
Bend, IN, as their first choice.
applicants.

(MOS) 1310 for a billet in
The board members considered 11
Four of them requested South

One selection was made from among these

He was not selected.

s considered by

Sergean

The selection standard is

the board first considers each Marine for

In cases where the board receives more applications in an MOS than

3.
there are MOS vacancies,
selection or non-selection to warrant officer.
best and fully qualified; i.e., selected Marines must be fully qualified
to assume the duties of the selected grade, and must be the best
qualified among those against whom they compete for selection.
was authorized to select up to 6 Marines for MOS 1310; the board selected
1 Marine.
Had the board selected more than 1 Marine for this MOS, the
members would then have ranked the selectees for assignment to specific
billets based on their billet choices.
The second ranked Marine's choice would
have received his first choice.
be reviewed and if his first choice is already filled, he would be given
his second choice;
choice available that wasn't already filled.
required to add a statement to their applications acknowledging their
willingness to accept any 
qualified.

In this case, if the board had selected Gunnery Sergeant
based on the best and fully qualified standard, he would have
The
been placed in a billet vacancy in the MOS he was selected for.
board would not have declined to select him based on his duty station
preferences.

the third ranked selectee would receive the first

MOS/billet for which the board considered them

The top ranked selectee would

Applicants also were

The board

Assessing any one Marine's chances for selection is difficult.

Many
4.
Consideration is
factors are evaluated as part of the selection process.
given to MOS experience, training and military record, education, overall
The board selects those who
qualifications, and command recommendations.
they determine are the best and fully qualified to fill the vacancies.

Subj:

BomD FOR CORRE
CASE OF GUNNERY

C T ION  OF NAVAL RECORD

SERGEAN

S

(BCNR) APPLIC ATION  IN  TH E
USMCR

Only after a full and impartial evaluation of the qualifications of the
applicant can a determination be made by the board.
the board are considered confidential and a specific reason for Gunnery
Sergean
and ass
y each member of the selection board which considered
his qualifications for appointment to warrant officer are essential to
the successful conduct of the warrant officer selection process. In
order to preserve this candor, strict confidentiality concerning board
proceedings and discussions is maintained by the members and this
information cannot and should not be released.

non-selection cannot be determined.

The proceedings of

Frank appraisals

The "Recommended Warrant Officer Criteria" information enclosed with

5.
Gunnery Sergeant
board members to
by the 1310 MOS specialist and supplements the information in Marine

application was provided to the selection
m in the selection process.

It was prepared

P1200.7W, the MOS Manual.

er 
ncludes advice he received from other Marines concerning
reasons for his non-selection.

confidentiality of the  
selecti
not selected.
Gunnery 
Sergean
been selected because he belie
sufficient justification to change the record of the board to show he was
selected.

As noted above, because of the
no one can determine why he was
assertion that he should have
alified in his MOS is not

Additionally, Gunnery Sergeant

Based on the information above, we believe Gunner

6.
contention that he should ha
of contact in this matter is

2