DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 2503-08
16 January 2009
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, retroactive promotion to master
gunnery sergeant from the Fiscal Year (FY) 2004 Reserve Master
Gunnery Sergeant Selection Board. You also requested that your
retirement date of 1 September 2005 be changed.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 January 2009. 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
25 June 2008, a copy of which is attached. The Board also
considered your rebuttal letter dated 18 July 2008 with
enclosures and the letter dated 2 December 2008 on your behalf
from Lieutenant Colonel A---, United States Marine Corps Reserve
(Retired).
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,
except to note you were not considered by the FY 2004 Reserve
Master Gunnery Sergeant Selection Board, but were considered and
not selected when afforded remedial consideration for that
promotion board. The Board found the promotion restriction by
reason of your administrative separation proceedings did not
affect your remedial consideration for promotion. The Board
found that enclosure (1) to your application, reflecting that on
11 February 2005 you were approved for a reenlistment of 24
months, did not support changing the retirement date of
1 September 2005 established pursuant to this Board's corrective
action, docket number 5674-07. 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,
Executive Directar
Enclosure
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