DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX : TRG
WASHINGTON DC 20370-5100 Docket No: 4195-08
23 June 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 June 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 an advisory
opinion furnished by Headquarters Marine Corps, a copy of which
is enclosed, and your extensive rebuttal.
The advisory opinion states that during the period from 2003 to
2007, the selection rate was under 30% in 2004 and 2006 and under
43% in 2003 and 2005. Only in 2007 did the selection rate reach
63%. These selection rates mean that many qualified individuals
were not selected. Please be advised that the database showing
the adverse draw code which you contend contributed to your
failures of selection is only used by detailers and is not
accessed by selection boards. Finally, the Board noted that you
were having difficulties as a recruiter and probably. would have
received a poor fitness report even if the events which led to
the removal of the fitness reports from your record had not
occurred.
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.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
It ig regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decigion 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 PFE
Executive D O°
Enclosure
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