DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 01498-09
25 August 2009
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USc 1552,
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
24 August 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. The Board considered
the advisory opinion furnished by HOMC memo 1400/3 MMPR-2 of
11 Jun 09, 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 probable material error or injustice. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinions. 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 also 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,
W. DEAN PFET >
Executive Di to
Enclosure
DEPARTMENT OF THE NAVY
HEAPQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD
QUANTICO, VIRGINIA 22134-5104 ERLY neces ro:
1400/3
MMPR-2
JUN 11 2009
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj:
ADVISORY OPINION,
Ref: (a) BCNR Docket Number 01498-09 of 12 May 09
(b) CMC ltr 1070 JAM3 of 31 Dec 2008
(c) MCO P1400.32D w/CH 1, ENLPROMMAN
(d) SNM's TFDW Composite Score History of 8 Jun 09
1. Per reference (a), QUIRED cequests remedial promotion
to the rank of sergeant for the first quarter FY 2006 promotion period
due to having a nonjudicial punishment (NJP) removed from his record.
2. Per reference (b), the NUP dated 24 February 2006 was determined
to be unjust and was permanently removed iron (is
record. Further review of QBS cecord validates that
he was released from active duty on 7 April 2006 and last promoted to
the rank of corporal with a date of rank of 1 June 2004. Paragraph
2201 of reference (c) states the following must be achieved prior to
promotion to sergeant,
(1) Complete the minimum service in grade requirement as
established by the Commandant of the Marine Corps.
(2) Have a composite score equal to or above the minimum
cutting score for his/her military occupational
specialty.
(3) Be otherwise qualified as determined by his/her
commander .
3, Based on the provisions of reference (c) <_/_-____. 7wes,
eligibility for promotion to sergeant would have started in the second
promotion quarter of 2005 and he would have remained eligible until 7
April 2006 when he was transerred to the-Indiuidual Ready Reserves
(IRR). QED wes however later promoted to sergeant in.
the IRR with a date of rank of 1 April 2009. The following are
GUE G@ovtposite scores based on reference (d), during
the time he was eligible for promotion while serving on active duty:
Promotion Qtr 2 FY 2005 (Apr-Jun) - 1533
Promotion Qtr 3 FY 2005 (Jul-Sep) - 1584
Promotion Qtr 4 FY 2005 (Oct-Dec) - 1615
Promotion Qtr 1 FY 2006 (Jan-Mar) - 1636
Promotion Qtr 2 FY 2006 (Apr-Jun) - 1636
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