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NAVY | BCNR | CY2009 | 00224-09
Original file (00224-09.pdf) Auto-classification: Denied
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

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