DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Decket No: 6973-08
30 July 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 removing the HOMC APS 1650 (EF) reflecting -
disapproval of the recommendation that you be awarded the Navy
and Marine Corps Commendation Medal. You also requested
remedial consideration for the Fiscal Year 2009 Marine Corps
Reserve (Active Reserve) Chief Warrant Officer 5 (CWO5)
Selection Board and, by implication, removal of your failure of
selection by that promotion board.
It is noted that Headquarters Marine Corps (HQMC) has removed
the contested HQMC APS 1650 (EF) from your naval record.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 July 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 opinions from HQOMC dated 23 October 2008 with enclosure
(3) and 26 February and 26 May 2009, copies of which are
attached, and your letter dated 3 April 2009.
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 advisory opinions dated 26 February and 26
May 2009 in concluding you did not exercise due diligence. ~
Accordingly, your application for relief beyond that effected by
HQMC 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
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