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NAVY | BCNR | CY2009 | 10843-09
Original file (10843-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
-2 NAVY ANNEX
WASHINGTON BC 20370-5100

JSR
Docket No: 10843-09
1 April 2010

 

Thig 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 master gunnery sergeant date of
rank and effective date to reflect selection by the Fiscal Year
(FY) 2008 Master Gunnery Sergeant Selection Board, rather than
the FY 2009 Master Gunnery Sergeant Selection Board.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 April 2010. 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 9230-08}, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion from Headquarters Marine Corps dated 1 February
2010, 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. The Board was unable to find your selection
by the FY 2008 Master Gunnery Sergeant Selection Board would
have been probable, had the fitness report for 10 January to 15
May 2007, as it appeared in your record for that promotion
board, reflected the corrected marks. In this regard, the Board
substantially concurred with the comments contained in the
advisory opinion. 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 entitied 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,

Saas

W. DEAN P
Executive tor

Enclosure

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