BPEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 9678-08
3 September 2009
This is in reference to your application for correction of your
haval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested, in effect, explanation of your failures of
selection for promotion to captain in the Marine Corps Reserve
(active duty promotion boards in 1970 and 1971 and reserve
promotion board in 1972) or promotion to captain, without back
pay.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 September 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceédings 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 Headquarters Marine Corps dated 20
November 2008 and 20 and 26 May 2009, copies of which are
attached, and your letter dated 19 August 2009 with enclosures.
_ After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted wag
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 opinions
dated 20 November 2008 and 26 May 2009, except to note you were
released from active duty in the Marine Corps Reserve on 1 July
‘1971 (not discharged), and you resigned from the Marine Corps
Reserve effective 28 February 1973; and your statement of 25
September 2008 appears to relate to the fitness report ending 3
October 1969, rather than the report ending 30 June 1969.
Accordingly, 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,
Nac
W. DEAN PFE
Executive Dil
Enclosure
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In addition, the Board considered the advisory opinions furnished by Headquarters Marine Corps dated 22 January 2009 and 26 February 2009 with enclosures, copies of which are attached. In this regard, the Board noted that the favorable advisory opinion dated 22 January 2009 did not acknowledge the information reflected in enclosures (2), (3), (4) and (9) of the advisory opinion dated 26 February 2009. Reserve Affairs reiterates (as previously stated in the advisory opinion dated 16 May...
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NAVY | BCNR | CY2009 | 01637-09
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NAVY | BCNR | CY2008 | 06973-08
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