DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3855-08
26 September 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, amendment of the Family Advocacy
Program level III determination in your case to
“unsubstantiated/unresolved or did not occur”; removal of the
service record page 11 (“Administrative Remarks (1070)”) entry
dated 25 July 2005, the Commandant of the Marine Corps letter
dated 12 August 2005 (Subject: Revocation of Selection from the
Fiscal Year 2005 Sergeant Major through Master Sergeant
Selection Board) and the fitness report for 17 December 2004 to
19 July 2005; and promotion to master gunnery sergeant (pay
grade E-9) effective 1 March 2005.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 September 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
report of the Headquarters Marine Corps (HOMC) Performance
Evaluation Review Board (PERB) dated 24 April 2007, and the
advisory opinions from HQMC dated 17 September 2007 with
enclosure and 11 January and 20 February 2008, copies of which
are attached. The Board also considered your rebuttal letters
dated 30 November 2006 and 16 May and 14 November 2007, each
with enclosures, and the Commanding Officer, Headquarters and
Service Company letter dated 7 November 2006.
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 report of the PERB
and the advisory opinions.
The Board was unable to find the Case Review Committee did not
follow correct procedures or failed to consider all relevant
information. The Board noted the contested promotion revocation
cited not only paragraph 1204 of Marine Corps Order (MCO)
P1400.32C, but also paragraph 5200, which establishes a staff
noncommissioned officer’s promotion may be delayed or revoked
whenever it is determined the individual is unqualified for
promotion. The Board further observed you acknowledge you had a
chance to make a statement before your promotion was revoked,
although you object you did not have that chance until almost 60
days after the originally projected promotion date. The Board
found no requirement for a page 11 entry, regarding your
promotion revocation, in MCO P1400.32C, the applicable version
of the Enlisted Promotions Manual (this requirement appears in
paragraph 1204.5 of MCO P1400.32D, dated 11 May 2006).
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 PFET
Executive Dir
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