DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
LCC:ddj
Docket No: 4454-02
4 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 4 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.
opinion furnished by CMC memorandum
is attached.
1400/j MMPR 2 of 16 August 2002, a copy of which
In addition, the Board considered the advisory
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 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 in
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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134-5104
IN REPLY REFER TO
1400/3
MMPR-2
16 Aug 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
ADVISORY OPINION IN THE CASE OF STAFF SERGEANT
Ref:
(a) BCNR
(b) Enlisted Promotion Manual
ltr CRS Docket No:
04559-01 dtd 8 Nov 01
(MC0
P1400.32C)
Per reference (a), Staff Sergeant
1.
promotion consideration for the CY 1999 Staff Sergeant Selection
Board for backdate of his staff sergeant promotion.
he was considered in the wrong MOS of 0411, vice his lateral
move intended MOS of 0251.
equests remedial
He claims
Research of Staff Sergeant
2 .
considered by the CY 1999 Staff Sergeant Selection Board for MOS
0411 and not selected.
record indicates, he was
Staff Sergeant
3.
1999 through 30 July 1999 verifies he was OJT as an 0200 with
the intended MOS of 0251 prior to 19 July 1999, the convening
date of the CY 1999 Staff Sergeant Selection Board.
(TD) Fitness Report dated 15 June
An Enlisted Remedial Selection Board convened 14 August
3 .
2002 .
sergeant for the CY 1999 Staff Sergeant Selection Board.
The board did not select Staff Sergeant
to staff
Recommend Staff Sergeant
4.
his staff sergeant promotion
’ request
for backdate of
Head, Enlisted Promotion Section
.
NAVY | BCNR | CY2002 | 03401-02
DEPARTMENTOFTHE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 LCC: ddj Docket No: 3401-02 10 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. 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...
NAVY | BCNR | CY2002 | 07923-02
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. opinion furnished by CMC memorandum is attached. board process precludes Sergean based upon a majority vote of the board members, his record was not competitive with the records of the Marines selected for promotion.
NAVY | BCNR | CY2006 | 01685-06
In the alternative, you now request new enlisted remedial selection boards (ERSB’s) for the Calendar Year (CY) 1999, 2000 and 2001 master sergeant and first sergeant selection boards.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2007. The Board found the ~Th’IPR-2 advisory opinion dated 2 August 2006 was correct as to the number of Marines with whom you were compared, despite the indications, in the...
NAVY | BCNR | CY2002 | 07773-02
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 CMC memorandum 1400 MMPR 2 of 17 October 2002, a copy of which is attached. when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error...
NAVY | BCNR | CY2002 | 06105-02
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. opinion furnished by CMC memorandum is attached. 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.
NAVY | BCNR | CY2002 | 01350-02
Consequently, he was never given the His detaching fitness report was below d. If a response to the adverse fitness report had been on file when the promotion board first reviewed his records for consideration for promotion to gunnery sergeant in CY 2000 his comments and the fitness report would have been reviewed at the same time, enclosure (2). g- The CY 2001 Gunnery Sergeant Selection Board convened on 24 April 2001, prior to the date that the Performance Evaluation Review Board reviewed...
NAVY | BCNR | CY2007 | 01607-07
On April 15, 2005, Petitioner, through counsel, submitted an application to the Board for Correction of Naval Records (BCNR) seeking removal of the January 1, 2001 to July 7,2Docket No. 01607-072001 fitness report, removal of naval records pertaining to the NJP and a remedial promotion board See enclosure (4)g. Petitioner’s request was bifurcated. Here, Petitioner did not take any action to have his fitness report removed until 15 April 2005, well after the dates of the Selection Boards...
NAVY | BCNR | CY2007 | 06554-07
That board considered Petitioner for promotion, but did not select him.d. Based on the findings and action of the PERB, the Board concludes that the marginal fitness reports should not have been part of Petitioner’s naval record when he was considered for promotion in 2006.Whether Petitioner would have been selected for promotion in 2006 or not (without the marginal fitness reports) cannot be known and is largely a matter of conjecture. Moreover, when asked to provide substantive comments...
NAVY | BCNR | CY2002 | 08296-01
This is supported by your having been selected by the CY 2001 promotion board, which considered you before the MCTFS had been corrected. 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. BRIAN J. GEORGE DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 2 NAVY ANNEX WASHINGTON, DC 20380-1775 .2 q r/L 3 IN REPLY REFER TO 107 0 JAM2A MEMORANDUM FOR...
NAVY | BCNR | CY2001 | 05425-01
Records indicate that b. Board for Correction of Naval Records for remedial consideration for promotion. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. Petitioner will be given remedial consideration for paygrade E-8 for CY 98 and CY 99 by the Active promotion to Reserve Staff Noncommissioned Officer Selection Board.