DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JSR
Docket No: 7373-08
4 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.
You requested adjusting your gunnery sergeant date of rank and
effective date from 1 July 2005 to reflect selection by the .
Calendar Year (CY) 2000 Gunnery Sergeant Selection Board, rather
than the Fiscal-Year (FY) 2005 Gunnery Sergeant Selection Board.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 June 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, the Board's file on your prior case (docket
number 3061-04), your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion from Headquarters Marine Corps (MMPR-2) dated
19 September 2008 and the MMPR-2 e-mail dated 4 June 2009,
copies of which are attached, and your letter dated 27 May 2005.
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
in concluding that backdating to neither CY 2000, CY 2001, CY
2002, CY 2003 or FY 2004 was warranted, as it was unable to find
your selection by any of these promotion boards, even with a
record corrected by removal of the service record page 11
(“Administrative Remarks (1070)") entry dated 25 September 1996,
would have been probable. In this regard, the Board noted that
your request to remove the service record page 11 entries dated
16 May and 10 October 1996 was denied, so these entries were
properly in your record for all the promotion boards by which
you failed of selection. 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,
\Nven )
W. DEAN EILRPE
Executive Direct
Enclosure
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