DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No: 224-09
23 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, in effect, removal of your failures of selection
by the Fiscal Year (FY) 2005 and 2006 Reserve Staff Sergeant
Selection Boards, ,reflected in the Marine Corps Total Force
System by draw case code “AT,” whose removal you expressly
requested (you referred to it as draw case code “p”). You also
requested remedial consideration for promotion for the FY 2004,
2005 and 2006 Reserve Staff Sergeant Selection Boards.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your —
application on 23 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 Headquarters Marine Corps {(HQMC) dated 27
February and 4 May 2009, copies of which are attached. The
Board also considered a copy of your AR (annual reserve) fitness
report for 16 June 2003 to 30 September 2004, which was removed
from your record by action of the HQMC Performance Evaluation
Review Board.
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
dated 4 May 2009 in concluding your selection by the FY 2005 or
2006 promotion board would have been definitely unlikely, even
1£ your record had been corrected. The Board found your request
for remedial consideration for the FY 2004 promotion board was
without merit, as you were not considered by that promotion
board because your occupational field was closed. 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,
uae AD
Executive
Enclosure
NAVY | BCNR | CY2013 | NR7775 13
He was then selected by the FY 2012 Gunnery Sergeant Selection Board, convened on 17 April 2012, and he was promoted to gunnery sergeant with a date of rank and effective date of 1 December 2012. d. Enclosure (4) shows that the in zone percentage selected for the FY 2006 Staff Sergeant Selection Board was 62.2. e. Enclosure (5) reflects that the HQMC Performance Evaluation Review Board directed removing Petitioner's fitness report for 1 April to 2 November 2006, which documented the later...
NAVY | BCNR | CY2006 | 03192-06
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 opinion from Headquarters Marine Corps, dated 7 June 2006, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of...
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NAVY | BCNR | CY2008 | 05058-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 September 2008. In this connection, the Board substantially concurred with the comments contained in the advisory opinion, except to note your request was not for remedial consideration for promotion to master sergeant, but adjusting the date of rank and effective date of your promotion to reflect selection by the Fiscal Year (FY) 2007 Master Sergeant Selection...
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Pursuant to the provisions of reference (a) , Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the date of rank and effective date of his promotion to gunnery sergeant (pay grade E-7) from 1 July 1994 to 1 July 1993; and changing the date of rank and effective date of his promotion to master sergeant (pay grade E-8) from 1 April 2001 to 1 April 2000, to reflect...
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NAVY | BCNR | CY2009 | 04984-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2009. The Board was unable to find that the command's correspondence with MMPR-2 dated 4 December 2005, recommending a four-month delay of your promotion, was based on anything other than the NUP, noting that the appeal of your NUP was not denied until 1 December 2005. Consequently, when applying for a correction of an official naval record, the burden is...
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