Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 02700-07
Original file (02700-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 BJG
 Docket No:2700-07
 25 July 2007


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 19 July 2007. 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 from Headquarters Marine Corps dated
11 May 2007, a copy of which is attached. The Board also considered your rebuttal letter dated 28 June 2007.
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 was unable to find you probably would have been selected by the Fiscal Year (FY) 2003 or 2004 Gunnery Sergeant Board, had your record not included the later removed counseling entry dated 24 June 1997. In this regard, the Board particularly noted that your record before both promotion boards properly included both the adverse fitness report for 17 December 1996 to 23 May 1997 and the counseling entry dated 22 May 1997, items whose removal you requested but the Board denied. Further, the FY 2005 Gunnery Sergeant Selection Board, by which you were selected, met from 19 April to 10 June 2005, before the Board decided your case on 22 September 2005, so you were selected with an uncorrected record. In view of the above, your application 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




Similar Decisions

  • NAVY | BCNR | CY2008 | 06748-08

    Original file (06748-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, the Board's file on your prior case (docket number 2803-07), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is...

  • NAVY | BCNR | CY2013 | NR1960 13

    Original file (NR1960 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 October 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 07373-08

    Original file (07373-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, the Board's file on your prior case (docket number 3061-04), your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on...

  • NAVY | BCNR | CY2007 | 00042-07

    Original file (00042-07.rtf) Auto-classification: Denied

    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. Per reference (a) XXXXX , requests backdate/remedial consideration for promotion to gunnery sergeant by the FY 2004 Gunnery Sergeant Selection Board due to having an inaccurate fitness report removed from his record.2. Paragraph 3602.51 of reference (b) states, when a Marine fails to...

  • NAVY | BCNR | CY2011 | 05700-11

    Original file (05700-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 05058-08

    Original file (05058-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 September 2008. In this connection, the Board substantially concurred with the comments contained in the advisory opinion, except to note your request was not for remedial consideration for promotion to master sergeant, but adjusting the date of rank and effective date of your promotion to reflect selection by the Fiscal Year (FY) 2007 Master Sergeant Selection...

  • NAVY | BCNR | CY2010 | 11168-10

    Original file (11168-10.pdf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, the Board's file on your prior case (docket number 4974-10), your naval record and applicable statutes, regulations and policies. However, the Board particularly noted the figures provided in paragraph 3 of the advisory opinion, as well as the uncontested derogatory service record page 11 entries dated 14 November 1993 and 21 March, 24 March and 15 November...

  • NAVY | BCNR | CY2009 | 04049-09

    Original file (04049-09.pdf) Auto-classification: Denied

    Your previous case, docket number 08315-08, was denied on 14 October 2008. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your case on 17 December 2009. 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 | CY2008 | 09296-08

    Original file (09296-08.pdf) Auto-classification: Denied

    You also impliedly requested reconsideration of your previous request to adjust your gunnery sergeant (pay grade E-7) date of rank and effective date to reflect selection by the Calendar Year (CY) 2001 or 2002 Gunnery Sergeant Selection Board, rather than CY 2003. While the Board did consider your having been selected for promotion to master sergeant the first time you were considered with a corrected record to be new and material evidence in support of backdating your promotion to gunnery...

  • NAVY | BCNR | CY2010 | 00883-10

    Original file (00883-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...