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NAVY | BCNR | CY2007 | 10584-07
Original file (10584-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100
BUG

Docket No: 10584-07
31 October 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.

You requested, in effect, that your master sergeant date of rank
and effective date be adjusted to reflect selection by the
Fiscal Year (FY) 2005 Master Sergeant Selection Board, vice the
FY 2007 Master Sergeant Selection Board.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 October 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 opinions from the Headquarters Marine Corps (HQMC)
Fnlisted Promotion Section, dated 8 January and 15 April 2008,
and the HOMC Enlisted Assignments Branch, dated 29 April 2008,
copies of which are attached. The Board also considered your
rebuttal letters dated 8 February 2008 and 30 May 2008 with
enclosures.
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 particularly
noted that you were not selected when you received remedial
consideration for promotion from the FY 2005 and 2006 Master
Sergeant Selection Boards; and the Board substantially concurred
with the advisory opinion dated 29 April 2008, except to note
you actually had only one observed gunnery sergeant fitness
report (4 December 2004 to 19 August 2005) for the FY 2006
Master Sergeant Selection Board, convened on 18 October 2005.
The Board noted it cannot be presumed how you would have been
evaluated in fitness reports you did not receive for the period
from'1 July 2001, your adjusted gunnery sergeant date of rank,
to 29 November 2004, the day before the beginning date of your
first gunnery sergeant fitness report (30 November to 3 December
2004, not observed). 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,

\SQne Goel

W. DEAN PFEIF
Executive Dire

Enclosures

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