DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9007-07
28 August 2008
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 28 August 2008. 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
18 June 2008 with references (b) through (d), 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 this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
The Board was unable to find the eye injury to which you refer
was a factor in your not having been promoted to lance corporal.
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,
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 SEALY Ae reR to:
1400/3
MMPR-2
JUN 13 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
BCNR Docket Number 11321-07 of 29 May 08
NAVMC 118(5) from SNM’s service record book
)
)
) NAVMC 118(11) from SNM's service record book
)
MCO P1400.29 (ENLPROMMAN)
i. Per reference (a) ‘agai BRR asserts he should have been
promoted to the rank of Tance corporal based on passing a test in
1970.
2 The record of examination for promotion section of reference (b)
show no evidence tha qian 2s sed any military exams for _
promotion to lance corporal. Reference (c) further shows tha
GUM wes not recommended by his commanding officer due to
substandard performance. Paragraph 3010.3b of reference (d) states
the following must be achieved prior to promotion to lance corporal.
(1) Complete the minimum service in grade requirement as
established by the Commandant of the Marine Corps.
(2) Pass an locally prepared examination.
(3) Be otherwise qualified as determined by his/her commander.
3. Based on the foregoing, it is recommended tha
records remain unchanged at this time. However,
provide additional documentation to support his claim,
reconsider our position at that time.
tS
R. W. REILLY /“
Major, U. S.' Marine Corps
Head, Enlisted Promotion Section
fan
we will
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