DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 883-10
30 August 2010
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 adjusting your gunnery sergeant date of rank and
effective date to reflect selection by the Fiscal Year (FY)
2006 Gunnery Sergeant Selection Board, rather than FY 2009.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 August 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, your naval record and applicable
statutes, regulations and policies. The Board also considered
the advisory opinions from the Headquarters Marine Corps (HQMC)
Enlisted Promotion Section, dated 8 March and 13 July 2010,
copies of which are attached, and a copy of your fitness report
for 8 March to 26 August 2005, whose removal was directed by
the HOMC PERB.
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 2006, 2007, or 2008 Gunnery Sergeant
Selection Board would have been probable, had your record not
included the fitness report that has been removed. In this
connection, the Board substantially concurred with the advisory
opinion dated 13 July 2010. 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,
\p)
‘woak
W. DEAN PFE
Executive Di xr
Enclosures
NAVY | BCNR | CY2010 | 11168-10
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 4974-10), your naval record and applicable statutes, regulations and policies. However, the Board particularly noted the figures provided in paragraph 3 of the advisory opinion, as well as the uncontested derogatory service record page 11 entries dated 14 November 1993 and 21 March, 24 March and 15 November...
NAVY | BCNR | CY2013 | NR1960 13
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NAVY | BCNR | CY2008 | 06748-08
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NAVY | BCNR | CY2013 | NR7775 13
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NAVY | BCNR | CY2009 | 04049-09
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NAVY | BCNR | CY2007 | 00042-07
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NAVY | BCNR | CY2008 | 09296-08
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NAVY | BCNR | CY2012 | 07272-12
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